Transatlantic Patent Litigation: When Should You File in Europe?

European patent enforcement offers US companies a faster path to first-instance judgments than they can obtain at home. UPC decisions typically arrive within fifteen months. German infringement courts decide cases in twelve to fourteen months. The court decides, and decides quickly. That speed creates a competitive advantage when you can meet European evidentiary requirements.

The challenge is that European procedure provides limited evidence-gathering mechanisms. The UPC allows applications for preservation and production of specific evidence. German courts can order an inspection. But neither system offers depositions, broad document discovery, or tools to develop your case after filing when you do not know what evidence exists. US legal tools can bridge that gap, but only through coordination with European timing before filing. Most companies treat US and European enforcement as separate proceedings managed by separate counsel. That wastes opportunities.