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The ITC and the UPC: Two Engines for Global Enforcement
Section 337 investigations at the U.S. International Trade Commission and infringement actions at the UPC have become the two fastest, broadest enforcement tools available to patent owners. Both deliver strong remedies, move quickly, and reach across borders. For patentees with infringers selling on both sides of the Atlantic, the question is increasingly when to use one, when to use the other, and when to use both.
- Compare ITC exclusion orders with UPC pan-European injunctions, including the reach of each into supply chains, distributors and authorised representatives.
- Compare the cost, speed, discovery and evidence ramifications between a 15-to-18-month Section 337 investigation and a 12-month UPC track.
- Look at how parties are sequencing ITC and UPC filings to maximise settlement pressure, and how respondents are coordinating defences.
- Identify the sectors (medtech, semiconductors, consumer tech) where running both is becoming common practice.
