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The USA Under the Microscope: USPTO, IPRs and the ITC
Whilst the United States remains one of the most powerful forums for patent litigation, recent changes at the USPTO and shifting attitudes under Trump’s administration have significantly altered how disputes are pursued and defended. This session examines how shifts in PTAB discretionary denial practice, inter partes review and Section 337 proceedings before the ITC affect European patentees and implementers, and what this means for global litigation strategy.
- Consider the USPTO's tightening of IPR institution, including rising discretionary denials and the new focus on a patent's U.S. manufacturing footprint, and what this shift means for European patent owners.
- Explore the ITC as a venue for European companies, how Section 337 exclusion orders can be used against infringing imports, and when the forum offers the most value, particularly after Lashify confirmed that U.S. sales, marketing and distribution can satisfy the domestic industry requirement.
- Assess how these U.S. procedural shifts interact with parallel UPC and national proceedings, including timing, settlement leverage and the risk of inconsistent validity outcomes.
