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Expert Analysis

How Courts Weigh Section 1782 Discovery For UPC Cases

By Erik Puknys and Michelle Rice ( April 17, 2025, 5:23 PM EDT) -- Since the Unified Patent Court began operations in June 2023, it has become a major patent litigation forum. Generally, the scope and available tools of discovery in European jurisdictions, and now at the UPC, are relatively limited compared to that in the U.S. To support their cases before the UPC, parties have employed Title 28 of the U.S. Code, Section 1782, to seek discovery from affiliated U.S. entities....

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