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We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and the UK … information at the case, litigant, and patent level for patent cases filed at the major courts in the four jurisdictions. We find …
Persistent link: https://www.econbiz.de/10013075267
We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and the UK … information at the case, litigant, and patent level for patent cases filed at the major courts in the four jurisdictions. We find …
Persistent link: https://www.econbiz.de/10010128711
The global litigation of standard essential patents (SEP) is taking a new turn with the jurisdictional battle between national courts. Some courts have started issuing anti-suit injunctions (ASI) to prohibit parallel litigation and consolidate the dispute at a single venue, while others have...
Persistent link: https://www.econbiz.de/10013298252
The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for alleged breaches of international investment law. But the practise has grown increasingly controversial over the past decade, with respondent states refusing to pay damages, or...
Persistent link: https://www.econbiz.de/10013225306
Compensation for adjudicators is generally considered as a core issue for judicial independence and for attracting good judges in the institutional design for courts. This paper examines compensation systems for adjudicators and dispute settlement administrators in investor-state dispute...
Persistent link: https://www.econbiz.de/10011821957
As an economist, I find the current state of the law regarding damages for patent infringement – most particularly that … relating to apportionment – frustrating at best and woefully incomplete at worst. Namely, damages case law for utility patent … rule (EMVR) versus the smallest salable patent practicing unit (SSPPU) principle. The modern pair of EMVR and SSPPU options …
Persistent link: https://www.econbiz.de/10012963876
Congress “repeatedly stated [that] its paramount goal” in having inter partes review (IPR) before the Patent Trial and … 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 patent system is commonly justified as a way to promote social welfare and, more specifically, technological … progress. For years, however, there has been concern that patent litigation is undermining, rather than furthering, these goals …. Particularly in the United States, the time, cost, and complications of patent suits provide openings for opportunistic assertions …
Persistent link: https://www.econbiz.de/10012943659
An informed (prospective) plaintiff can send a take-it-or-leave-it demand to an uninformed (prospective) defendant with the threat of a lawsuit that may not be credible. In this context, the well-known perfect sepa- rating equilibrium in litigation bargaining game (Reinganum and Wilde, 1986) no...
Persistent link: https://www.econbiz.de/10012853017
Persistent link: https://www.econbiz.de/10012934902