Navigating Chinese Courts: Cross-Border IP Litigation Strategies for US Companies

While US companies often prefer to enforce their patents (for example, Standard Essential Patents) in the courts of the United States or the Unified Patent Court (UPC) of the EU, they may nonetheless have to participate in the lawsuit in China. This occurs when Chinese defendants in US or UPC proceedings bring a countersuit in Chinese courts asserting appropriate causes of action. As a result, a sharp understanding of Chinese IP court procedures is essential for American companies, regardless of where they initially plan to litigate.