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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 … litigation system are presented, i.e. the economic importance of the German market and its impact on litigation, the remedy of …
Persistent link: https://www.econbiz.de/10014360286
This paper looks at the decision to settle patent litigation in Germany from a new angle by focusing on detailed data … all patent litigation cases in Germany between 2000 and 2008 we estimate the likelihood of within-trial settlement. We …. Additionally, firm-specific stakes as measured by the relation of the involved parties to the disputed patent as well as firm …
Persistent link: https://www.econbiz.de/10013036139
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 … results for the U.S., individual patent owners in Germany were found to be no more likely to face litigation than companies …
Persistent link: https://www.econbiz.de/10014069152
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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 … show that small, inexperienced defendant firms are at a disadvantage when dealing with litigation. -- Patent ; Patent …
Persistent link: https://www.econbiz.de/10009721892
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
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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,...
Persistent link: https://www.econbiz.de/10012909100