Intellectual Property partners Yar Chaikovsky and Jordan Coyle, and counsel Kumar Ravula published a byline in Law360 Expert Analysis benchmarking the US International Trade Commission (ITC) against Europe's Unified Patent Court (UPC) for litigants by comparing their speed, impact, expertise and authority regarding patent disputes.
While the article states that "both forums offer efficient adjudication," the authors note that the ITC is positioned as a "more potent venue for intellectual property holders" because of its "nationwide reach, technical bench and broader enforcement toolkit position."
The authors explained that although "the time to a final decision is almost identical at both venues," it remains "unclear whether the UPC Court of Appeals will have a similarly high affirmance rate" as the ITC, where the Federal Circuit affirms most decisions.
Though there may be significant variations from case to case, the authors determined that "macroeconomic statistics suggest plaintiffs may be able to inflict greater economic consequences on their competitor's bottom line by securing an injunction at the ITC relative to the UPC."
Despite the UPC having jurisdiction over almost all of Europe, it is limited because it "has no power to enforce its decisions in each of the UPC member states," whereas ITC injunctions are enforced by a single agency. The authors also noted that "the ITC offers a broader legal arsenal," and its remedies "can outlast those available at the UPC."
Read the full article here.
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