Showing 1 - 10 of 1,038
We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and the UK … considerable number of patents are litigated in multiple jurisdictions, but the majority of patents are subject to litigation only …
Persistent link: https://www.econbiz.de/10010128711
This paper assesses the impact of adopting a post-grant review institution in the US patent system by comparing the 'opposition careers' of European Patent Office (EPO) equivalents of litigated US patents to those of a control group of EPO patents. We demonstrate several novel methods of...
Persistent link: https://www.econbiz.de/10010366523
The insurance industry plays an important role for European economic stability and the threats and opportunities it …
Persistent link: https://www.econbiz.de/10011668873
in several European countries and four case studies provide evidence suggesting that heterogeneous national litigation … arguments in favour of the Community patent and a centralized litigation in Europe. -- European patent system ; patent cost … ; litigation process ; enforcement ; uncertainty …
Persistent link: https://www.econbiz.de/10003820846
addition to – litigation in district court.” More than five years after IPR trials were established, however, it is unclear … whether Congress will achieve its goal. Some argue that “rather than an absolute alternative to civil litigation, the AIA … a patent's validity.” Duplicative patent challenges within and across IPRs and district court litigation is the focus of …
Persistent link: https://www.econbiz.de/10012953200
The progression toward reevaluating patent validity in the administrative, rather than judicial, setting became overtly substitutionary in the America Invents Act. No longer content to encourage court litigants to rely on Patent Office expertise for faster, cheaper, and more accurate validity...
Persistent link: https://www.econbiz.de/10012899895
In KSR International Co. v. Teleflex, Inc., the Supreme Court addressed the doctrine of nonobviousness, the ultimate question of patentability, for the first time in thirty years. In addition to mandating a flexible approach to deciding nonobviousness, the KSR opinion also introduced two...
Persistent link: https://www.econbiz.de/10014154281
Although patent litigation has become increasingly global, with litigants earning billion-dollar verdicts and seeking … judgments in many different jurisdictions around the world, scholarship has been almost completely silent on how such litigation … answers. Courts, litigants, commentators and policy makers speculate about how litigation and judicial outcomes differ, but …
Persistent link: https://www.econbiz.de/10014042668
Using the pending Daiichi Sankyo case as a point of reference, this article examines whether EU exclusive competence under Article 207 TFEU requires the CJEU to interpret the patent provisions of the TRIPS Agreement and, if so, what are the implications for patent protection in the EU. It...
Persistent link: https://www.econbiz.de/10014167785
corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these …, wanted its day in court, for it had spent serious resources preparing for litigation and had lost all its major U …
Persistent link: https://www.econbiz.de/10013085735