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ARTICLE · 03 OCTOBER 2023

A U.S. View On The UPC – Part 7: "Discovery"

A common conception in the U.S. is that in European litigation, parties have no means to obtain evidence from the opponent or a third party and have to produce any evidence they want to rely on by themselves.

United StatesIntellectual Property

On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one action. This series of articles – directed at U.S. practitioners trying to familiarize themselves with the basic features of the UPC – aims to provide a high level view of the key aspects of the UPC system, compare them to patent litigation in the U.S., and consider their implications on U.S.-European parallel patent litigation.

To read other articles in this series, see here.

This part of the series takes a closer look at discovery in the UPC – or, to be exact, what may be considered "discovery" from a U.S. point of view.

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