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🧭 Perdura IP Litigation Series

Forum Selection

A Pre-Filing Evidence Checklist for Cross-Border IP Disputes

Where you file determines what evidence you need and how fast you can move.

  • Map your IP rights across jurisdictions — TM, patent, copyright, trade secret
  • Assess evidence availability in each forum — location, disclosure tools
  • Identify blocking statute and evidence transfer risks — France, Germany, China
  • Assess the remedies available in each forum — damages, injunctions, border seizure
  • Assess anti-suit injunction risk — UK, US SEP/FRAND cases
  • Prepare a forum selection memorandum — rights, evidence, and remedies mapped
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Days
Germany/Netherlands PI timeline
Germany and the Netherlands offer the fastest preliminary injunction procedures in Europe — measured in days, not months. Evidence must be ready before the application is filed.
UPC
European-wide effect
The Unified Patent Court offers European-wide injunctions in a single proceeding. Evidence must meet the UPC Rules of Procedure written evidence standard.
ITC
US import exclusion remedy
The US International Trade Commission offers exclusion orders against infringing imports — a remedy unavailable in court proceedings. Evidence of importation is a threshold requirement.
Key Principle
Filing in a jurisdiction that triggers blocking statute objections — from France, Germany, or China — may undermine your evidence position in all parallel proceedings simultaneously. Blocking statute analysis must precede forum selection, not follow it.
What's Inside

7 steps for evidence-informed forum selection.

I Map Your IP Rights Across Jurisdictions — TM, patent, copyright, trade secret
II Assess Evidence Availability in Each Forum — location, disclosure tools
III Assess Speed vs Authentication Depth — match forum to urgency
IV Identify Blocking Statute and Evidence Transfer Risks — France, Germany, China
V Assess the Anti-Suit Injunction Risk — UK, US SEP/FRAND cases
VI Assess the Remedies Available in Each Forum — damages, injunctions, border seizure
VII Prepare a Forum Selection Memorandum — rights, evidence, remedies mapped