Intellectual Property partners Yar Chaikovsky and Jordan Coyle, along with counsel Kumar Ravula, have published an analysis in Law360 comparing the US International Trade Commission (ITC) with Europe’s Unified Patent Court (UPC). The article examines these forums in terms of speed, impact, expertise, and authority regarding patent disputes.
The authors state that “both forums offer efficient adjudication,” but highlight the ITC as a “more potent venue for intellectual property holders” due to its “nationwide reach, technical bench and broader enforcement toolkit position.”
They explain that while “the time to a final decision is almost identical at both venues,” it is still “unclear whether the UPC Court of Appeals will have a similarly high affirmance rate” as the ITC. At the ITC, most decisions are affirmed by the Federal Circuit.
Despite potential variations in individual cases, the authors suggest that “macroeconomic statistics” indicate plaintiffs might achieve greater economic impact on competitors through ITC injunctions compared to those from the UPC.
Although the UPC has jurisdiction across nearly all of Europe, its enforcement power is limited because it “has no power to enforce its decisions in each of the UPC member states.” In contrast, ITC injunctions are enforced by a single agency. The authors also note that “the ITC offers a broader legal arsenal,” with remedies that may extend beyond those available at the UPC.