How UK patent litigation gives US companies an edge
Patent strategy evolution and pivot points - Q&A
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This is a single article from the Patent Strategist Volume 1. Download the whole thing here.
In a global patent enforcement landscape where speed and effective remedies matter more than ever, UK litigation offers competitive advantages including significant injunction pressure.
Why the UK?
- Availability of injunctions
The realistic prospect of injunctions in the UK can be a genuine and significant driver in reaching a global settlement. - Speed and efficiency of courts
Quicker progression to trial and appeal compared to the US courts - Cost predictability and transparency
Focused disclosure of documents and “product or process descriptions” (“PPDs”), helping to keep costs down while providing advantages for technically complex cases. - UK judgments recognised internationally
UK judgments are published, easily accessible and are globally respected for their thorough reasoning based on detailed evidence and cross-examination at trial.
Case study: Success across borders
ThroughPuter v Microsoft:
A cross-border patent strategy
When US technology company ThroughPuter identified what it believed to be patent infringement in Microsoft’s Azure platform, it brought an action in the US courts. But it didn’t stop there. Recognising the strategic value of the UK courts, ThroughPuter also launched proceedings in the UK.
The UK offered a powerful forum: specialist patent judges with deep technical expertise, robust disclosure mechanisms, and the potential for injunctive relief. These features enabled a forensic examination of how the alleged infringing system actually worked.
EIP’s litigation team drove a focused and robust UK case, securing PPDs and access to highly confidential source code. This disclosure brought the key technical issues into focus and significantly strengthened ThroughPuter’s case.
The result was leverage far beyond the UK and a favourable global settlement for ThroughPuter. The case is a good example of how a well-managed UK action can influence the outcome of a global dispute and why the UK remains a forum of choice for complex, cross-border patent disputes.
“Historically, injunctions have been available almost automatically to a successful patentee in an infringement action in the UK.”
- Mr Justice Meade, Judge in charge of the Patents Court of the High Court of England & Wales, 30th Annual IP Conference, Fordham 2023