Rio Court Grants More Patent Injunctions Than São Paulo Court, Study Confirms
Research confirms that venue selection within Brazil, particularly between Rio de Janeiro and São Paulo courts, is becoming a key tactical move for SEP owners and implementers.
WISECODE Take
A new study confirms that courts in Rio de Janeiro grant patent injunctions at a higher rate than those in São Paulo, validating forum-shopping tactics in international patent litigation. In standard essential patent (SEP) and telecom disputes, plaintiffs frequently exploit the higher likelihood of injunctions in Rio's Seventh Business Court to pressure implementers. The research highlights how venue selection directly shapes litigation leverage in Brazil. For manufacturers without South American operations or SEP exposure, this procedural nuance has zero operational impact. However, for multinational tech firms, injunction risks are expanding into Latin America. Actionable steps include: first, evaluating injunction risk clauses in cross-border distribution and licensing agreements; second, immediately verifying the specific court division if served with a Brazilian patent warning letter. Cross-border patent enforcement depends not only on patent quality, but on securing the most advantageous jurisdiction.
Original sources
Compiled automatically by WISECODE IP Radar. Summaries are short source excerpts; commentary is AI-generated. See the source links for full text.
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