In a Bloomberg Law article, IP attorneys analyzed how using U.S. discovery law can aid in satisfying evidentiary demands at the European Union’s Unified Patent Court. The UPC has the authority to enforce pan-European patent rights across all 17 member countries.
In order to initiate a case before the UPC the claimant must file a statement of claim, which must include “the evidence relied on” to support infringement allegations. Collecting such evidence pre-suit will be challenging in most cases, particularly for infringement claims directed to functionality that cannot be easily observed or revered-engineered from a final product. The authors note that U.S. discovery law under a Section 1782 petition may assist in overcoming these challenges.
The article was authored by IP litigation partner Matt Rizzolo and IP litigation counsel Matthew Shapiro and Hyun-Joong (Daniel) Kim.
Copyright 2024 Bloomberg Industry Group, Inc. (800-372-1033) Using US Discovery Law to Help Satisfy Unified Patent Court Evidentiary Demands. Reproduced with permission.
Stay Up To Date with Ropes & Gray
Ropes & Gray attorneys provide timely analysis on legal developments, court decisions and changes in legislation and regulations.
Stay in the loop with all things Ropes & Gray, and find out more about our people, culture, initiatives and everything that’s happening.
We regularly notify our clients and contacts of significant legal developments, news, webinars and teleconferences that affect their industries.