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Persistent link: https://www.econbiz.de/10003985837
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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Persistent link: https://www.econbiz.de/10002372488
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
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
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
Persistent link: https://www.econbiz.de/10012221760
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/10014141902