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ARTICLE · 10 MARCH 2016

A View From Across The Pond

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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If it works as advertised, Europe's new Unified Patent Court (UPC), set to begin hearing patent enforcement disputes in 2017, will indisputably impact strategies for managing global patent portfolios and litigations.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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If it works as advertised, Europe's new Unified Patent Court (UPC), set to begin hearing patent enforcement disputes in 2017, will indisputably impact strategies for managing global patent portfolios and litigations. To a U.S. lawyer, the concept of replacing, or more accurately supplementing, the European Union's (EU) many patent systems, having various procedural and substantive laws, is appealing. This prospect of a unified court having exclusive jurisdiction to hear infringement and revocation (validity) actions for both traditional "bundle" European patents and the new "unitary patents" is a game changer. We recently went through a significant change in our enforcement system in the U.S. with the implementation of post-grant proceedings and the creation of the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO). The effect has been more far reaching than most imagined. Europe is setting the stage for an even more

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