Cross Border Patent Litigation: Strategies for Navigating International IP Disputes

35 questions on cross border patent litigation, answered and cited by the UpLaw editorial team.

• Can a national court set a global FRAND rate?
• Can you enforce a foreign patent judgment in the United States?
• How do blocking statutes and the GDPR complicate cross-border discovery?
• How does inter partes review fit into a global patent campaign?
• How do global patent campaigns actually end?
• How do U.S. courts decide whether to grant an anti-suit injunction?
• How do you obtain evidence located outside the United States?
• How do you serve a foreign defendant in a patent case?
• How is sequencing used as a weapon in a global patent campaign?
• Should a patent owner opt out of the Unified Patent Court?
• What are anti-suit and anti-anti-suit injunctions?
• What are the key takeaways for cross-border patent litigation?
• What does the Patent Cooperation Treaty actually buy an applicant?
• What do Japan and Korea offer as patent venues?
• What is 28 U.S.C. § 1782, and why does it matter to foreign litigation?
• What is a European patent under the EPC, and what is an opposition?
• What is a priority attack, and why can it succeed in one forum and fail in another?
• What is a standard-essential patent, and what leverage does it create?
• What is German bifurcation, and what is the “injunction gap”?
• What is holdout, and how does it relate to holdup?
• What is Paris Convention priority, and why does the date matter so much?
• What is patent territoriality, and why does it govern every cross-border dispute?
• What is Section 337 and the ITC, and why is it so powerful?
• What is the antitrust overlay in SEP disputes?
• What is the decision framework for planning a global patent campaign?
• What is the Huawei v. ZTE protocol for FRAND injunctions?
• What is the ITC's domestic-industry requirement?
• What is the risk of taking inconsistent positions across forums?
• What is the Unified Patent Court?
• What makes the United Kingdom distinctive in patent litigation?
• What makes U.S. district court unlike any patent forum abroad?
• What three practical consequences flow from patent territoriality?
• Why does it usually not matter that a foreign injunction cannot be enforced abroad?
• Why has China become pivotal in global patent disputes?
• Why is a patent filing strategy really a litigation strategy?