Coordinating a Multinational IP Dispute: A Practitioner's Guide to Forum Selection, Section 1782, Evidence Abroad, and Anti-Suit Relief
By Casey Scott McKay ·
This guide takes a cross-border intellectual property dispute from the first commercial complaint to a global settlement, in the order the decisions have to be made. It begins with the mapping exercise that identifies which national rights exist, where the conduct occurs, and where a remedy would actually change the client's position, then works through forum selection, the mechanics of serving and obtaining jurisdiction over foreign parties, the use and defence of section 1782 applications, the conflict between United States discovery and foreign blocking statutes, and the circumstances in which anti-suit relief is realistically available. It covers running several proceedings at once without contradicting yourself, managing local counsel and budget across jurisdictions, and structuring a settlement that actually ends the dispute everywhere. It closes with the arbitration clause that would have avoided most of it.
IP and Technology > Patent Litigation | Guide | Published 16 July 2025 - Updated 24 September 2025 | Casey Scott McKay - marksy.us
Summary. This guide takes a cross-border intellectual property dispute from the first commercial complaint to a global settlement, in the order the decisions have to be made: the mapping exercise that identifies which national rights exist and where a remedy would change the client's position; forum selection; the mechanics of serving and obtaining jurisdiction over foreign parties; the use and defence of section 1782 applications; the conflict between United States discovery and foreign blocking statutes; and the circumstances in which anti-suit relief is realistically available. It covers running several proceedings without contradicting yourself, managing counsel and budget across jurisdictions, and structuring a settlement that ends the dispute everywhere.
Keywords: multinational litigation · forum selection · section 1782 application · Hague Service Convention · Hague Evidence Convention · blocking statutes · anti-suit injunction · parallel proceedings · judgment recognition · New York Convention · international arbitration · ITC section 337 · local counsel management · global settlement
This is premium Marksy content — the full document is available to subscribers.