- with readers working within the Technology industries
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.
Resource Downloads
Visit us at mayerbrown.com
Mayer Brown is a global services provider comprising associated legal practices that are separate entities, including Mayer Brown LLP (Illinois, USA), Mayer Brown International LLP (England & Wales), Mayer Brown (a Hong Kong partnership) and Tauil & Chequer Advogados (a Brazilian law partnership) and non-legal service providers, which provide consultancy services (collectively, the "Mayer Brown Practices"). The Mayer Brown Practices are established in various jurisdictions and may be a legal person or a partnership. PK Wong & Nair LLC ("PKWN") is the constituent Singapore law practice of our licensed joint law venture in Singapore, Mayer Brown PK Wong & Nair Pte. Ltd. Details of the individual Mayer Brown Practices and PKWN can be found in the Legal Notices section of our website. "Mayer Brown" and the Mayer Brown logo are the trademarks of Mayer Brown.
© Copyright 2026. The Mayer Brown Practices. All rights reserved.
This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.
[View Source]