More than a parallel case
The benefits of a coordinated litigation strategy across the US, UPC, Germany and the UK.
Discover how European proceedings can be deployed alongside US litigation to create a strong global patent enforcement approach.
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ABOUT THIS whitepaper
For US patent owners, litigation in Europe can offer much more than a parallel action.
The whitepaper
In this whitepaper, EIP's Litigation team explains how the right European proceedings can complement a US litigation strategy by creating an earlier merits decision, testing patent rights under a different legal and evidential framework and making use of the available injunctive relief.
More than a parallel case looks at how litigation in the Unified Patent Court, Germany and the UK can be strategically selected and sequenced alongside US proceedings, with each forum playing a complementary role within a coordinated transatlantic campaign.
What does the whitepaper cover:
- The European options: the distinct strategic advantages of the UPC, Germany and the UK.
- How the timelines compare: where key stages of European proceedings can intersect with US litigation.
- Speed and injunctive relief: how European proceedings can create meaningful decision points while US litigation remains ongoing.
- Evidence and decision making: how differing approaches to evidence and specialist patent judges can influence litigation strategy.
- FRAND and SEPs: the different routes available for licensing disputes and remedies across jurisdictions.
- Costs and commercial considerations: how the relative cost profiles of US and European proceedings can affect the overall litigation strategy.
- Strategic planning: practical considerations for selecting patents, forums and filing sequences as part of a coordinated campaign.
The strongest US case is not automatically the strongest European case. The UPC, Germany and the UK offer different combinations of territorial reach, speed, evidence and remedies.