Legal Alert: Minimizing Patent TRO and PI Risk in Europe


Do you fear the possibility of a temporary restraining order or a preliminary injunction involving patent infringement allegations in Europe? Those provisional measures are more common in Europe than in the United States. The risk may be greater with the advent of the EU Unified Patent Court, opening June 1, which will have jurisdiction for European patents in 17 countries. Even if the patent has been opted out of the UPC, the opt-out can be withdrawn at any time, reviving the UPC's jurisdiction when the owner wants to assert that patent in the UPC.

The risks of a TRO or PI motion can be reduced in the UPC and in Germany by filing a confidential protective letter. Using such letters, potential respondents can put their defense arguments on record in advance (known as "prebuttals"). When a TRO or PI request is filed, the court clerk or registrar will check for protective letters, and they will be provided to the judge(s) with any TRO or PI request.

For more information about or help with protective letters, please contact your Fish & Richardson attorney or Bernhard Lorenz, Moritz Ammelburg, John Pegram, or Jan Zecher.