Since the Unified Patent Court began operations in
June 2023, it has become a major patent litigation forum.
Generally, the scope and available tools of discovery in European
jurisdictions, and now at the UPC, are relatively limited compared
to that in the U.S. To support their cases before the UPC, parties
have employed Title 28 of the U.S. Code, Section 1782, to seek
discovery from affiliated U.S. entities.
In six recent cases, courts within four circuits in the U.S. have
addressed Section 1782 discovery applications in connection with
UPC proceedings. This article examines the approaches those courts
have taken in evaluating the various factors, and identifies
potential trends and takeaways.
