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Under German law, the following main reliefs against the infringer are generally available:• A cease and desist claim.• A compensatory damages claim (no punitive damages are available; the claimant may choose from three different methods for calculating damages, namely own lost profits,...
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This paper presents an empirical analysis of the determinants of patent litigation in Germany, based on information … analysis show that relatively valuable patents are more likely to be involved in litigation cases than the average patent … than patents which have not been opposed. Patent owner's ability to trade patents with potential infringers and to interact …
Persistent link: https://www.econbiz.de/10014069152
The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … which is currently existing in Germany. To answer this question three essential characteristics of the current German patent … injunctive relief provided by German patent law, and the so-called ‘injunction gap’ as a result of bifurcating infringement and …
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I analyse how patent litigation outcome in Germany affects the performance of the disputing firms by interpreting … the functioning of the bifurcated German patent litigation system: The separation of litigation and invalidity decisions …, resulting in invalidity decisions taking much longer than decisions on infringement, provides patent holders with a window of …
Persistent link: https://www.econbiz.de/10009721892
We analyze the impact of the probabilistic nature of patents on the functioning of Germany’s bifurcated patent … litigation system where infringement and validity of a patent are decided independently by different courts. We show that … bifurcation creates situations in which a patent is held infringed that is subsequently invalidated. Our conservative estimates …
Persistent link: https://www.econbiz.de/10010416329
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I analyse how patent litigation outcome in Germany a ffects the performance of the disputing fi rms by interpreting … on the functioning of the bifurcated German patent litigation system. The separation of litigation and invalidity … decisions, resulting in invalidity decisions taking much longer than decisions on infringement, provides patent holders with a …
Persistent link: https://www.econbiz.de/10013085164