Patent Litigation Proceedings In Germany
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Patent Litigation Proceedings In Germany
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Author : Thomas Kühnen
language : en
Publisher:
Release Date : 2014
Patent Litigation Proceedings In Germany written by Thomas Kühnen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
Patents In Germany And Europe
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Author : Alexander Harguth
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-06-15
Patents In Germany And Europe written by Alexander Harguth and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-15 with Law categories.
Germany’s patent system presents unique opportunities for patent holders, as well as risks for companies doing business there. Germany is one of the world’s top jurisdictions for patent enforcement because of the expertise of German courts, their unique procedures, and the speed of these proceedings. Winning a patent suit in Germany is tantamount to winning the European market, and gives the patent owner substantial leverage over opponents to achieve a worldwide settlement. In addition, suits in Germany frequently resolve well ahead of United States counterpart suits, at a fraction of the cost. This handbook, now in its second, fully updated edition, provides international lawyers with a practical understanding of Germany’s patent system, including the many legal changes that have occurred since the book’s original publication in 2011. It also addresses the implications of the upcoming Unified Patent Court. This second edition provides an in-depth, step-by-step procedural analysis of aspects of current patent practice in Germany, including the following: • Germany’s split system that bifurcates infringement from validity cases; • Obtaining discovery; • Claim construction; • Budgeting; • Implications of the upcoming new patent system, in particular the Unified Patent Court; • Germany’s labor law regarding employee inventions; and • Customs actions. The authors — both experienced patent lawyers, one German, one American — present proceedings in Germany in parallel with corresponding patent litigation stages in the United States. The chapters track the structure of patent disputes, starting with the overall structure of the German judicial system, followed by topics such as patentability, patent procurement, oppositions, infringement trials and customs enforcement actions. This book concludes with an extensive selection of forms and legislative material. Understanding the opportunities available in Germany provides companies with a broader toolkit for enforcing their intellectual property rights and defending against challenges brought by others. Practicing patent lawyers will not find a more complete, informed and practical guide than this book explaining the framework for patent procurement, enforcement and defense in Germany. Many will find surprising options without parallel in the United States.
Patent Litigation In Germany Japan And The United States
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Author : Johann Pitz
language : en
Publisher:
Release Date : 2022
Patent Litigation In Germany Japan And The United States written by Johann Pitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Patent Litigation Through The Unified Patent Court And German Courts
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Author : Alexander Harguth
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-05-23
Patent Litigation Through The Unified Patent Court And German Courts written by Alexander Harguth and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-23 with Law categories.
Europe has enacted a new patent system, now offering unitary patents and a Unified Patent Court (UPC) for pan-European enforcement. Country-by-country enforcement is no longer required. Unitary patents add to the strategic options available for innovators to protect their technology, coexisting with the other traditional forms of protection through ordinary European patents, national patents, and utility models. The complex interplay between these enforcement channels creates major strategic challenges for enterprises doing business in Europe. This book is the first to provide an all-embracing view of the new legal situation, thoroughly demonstrating the potential for exploiting unitary patents in tandem with traditional patent rights. It also provides an overall constructive approach to patent procurement and litigation. The authors—prominent patent litigators, two from Germany and one from the United States—present a detailed analysis of these strategic considerations, including: opt-out mechanisms for “ordinary” European patents; patentability standards; inventorship and ownership; claim construction; invalidation proceedings; revocation actions at the UPC; pre-suit considerations; enforcement options and strategies through the UPC and German courts; discovery and evidence taking; and customs actions. Because patent enforcement is a global pursuit and inherently crosses borders, the analysis is presented with an eye toward other European and non-European systems, particularly the common law system of the United States. The goal of this book is to assist patent practitioners worldwide in resolving disputes through a sharpened understanding of options in Europe. Corporate decision-makers and in-house counsel dealing with patents and patent litigation—as well as academics in patent law—will greatly benefit from the authors’ practical guidance in navigating the respective judicial tracks described to promote an optimal strategic approach for the global patent arena.
Patent Litigation In Germany Japan And The United States
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Author : Johann Pitz
language : en
Publisher:
Release Date : 2014-12
Patent Litigation In Germany Japan And The United States written by Johann Pitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12 with categories.
Présentation de l'éditeur : "This book gives a systematic comparative overview of the characteristic principles of patent enforcement proceedings in the US, Japan and Germany, ie the major jurisdictions where patent holders might seek for legal remedies in parallel proceedings. Content overview : survey matter of infringement ; claims of the patent holder and objections of the infringer ; pre-procedural measures ; infringement proceedings ; procedural principles."
Patent Litigation In Germany
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Author : Claudia Milbradt
language : en
Publisher: German Law Pubs
Release Date : 2012-01-01
Patent Litigation In Germany written by Claudia Milbradt and has been published by German Law Pubs this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.
Often, foreign companies are involved in patent litigation in Germany. The goal of this book is to focus on patent litigation in Germany while still touching a broad scope of issues in a way that gives the practitioner a quick overview. The book starts with the chapter on the European Patent with unitary effect and its Enforcement. Particular emphasis of this book is put on the broad field of patent infringement. Increasing numbers of patent litigation are conducted as IP arbitration, thus the book deals also with the particularities of arbitration proceedings in the area of IP.
Patent Disputes In Germany
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Author : Simon Klopschinski
language : en
Publisher:
Release Date : 2023
Patent Disputes In Germany written by Simon Klopschinski and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
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 injunctive relief provided by German patent law, and the so-called 'injunction gap' as a result of bifurcating infringement and revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the adjudicators' expertise as well as the flexibility, confidentiality and speed of procedure.
European Patent Litigation In The Shadow Of The Unified Patent Court
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Author : Luke McDonagh
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-07-27
European Patent Litigation In The Shadow Of The Unified Patent Court written by Luke McDonagh and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-27 with Law categories.
With the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect, the European patent litigation system is undergoing a set of fundamental reforms. This timely book assesses the current state of European patent litigation by analysing recently published data on Europe's four major patent jurisdictions - the UK, Germany, France and the Netherlands - and also looks ahead to examine what the impact of the UPC is likely to be on Europe's patent litigation system in the near future.
European Patent Law
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Author : Stefan Luginbuehl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
European Patent Law written by Stefan Luginbuehl and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
The book is explaining in detail the current discussion regarding the unification of European patent law. It explains the current national legal practices in Europe, describing the legal and factual issues and the different approaches to achieve unification. The book manages to show the complex situation and the different opinions from the beginning of the discussion in a clear and comprehensive manner without requiring previous knowledge of the reader and is therefore to be recommended for everyone interested. Jochen Pagenberg, LL.M. Harvard, President EPLAW, Germany and Thomas Schachl, LL.M., Attorney-at-law, Germany In his detailed study, Stefan Luginbuehl critically examines the latest efforts to establish a common European and EU patent litigation system and suggests possible alternatives to such a system. Due to the lack of a European patent court, both the EPO and national judges interpret European patents and European patent law. This results in diverging interpretation across Europe and costly litigation for patent holders. Stefan Luginbuehl s proposals to promote the goal of a uniform interpretation of patent law and ease the difficulties are timely and highly insightful. Dealing with important legal and political issues related to European patent litigation and the establishment of a common patent litigation system, this book will appeal to practitioners, patent litigators, patent attorneys and judges specialised in patent litigation. Academics teaching and learning IP (patent law), private international law, or international civil procedure, will find this study interesting as the book deals with important aspects of national and international patent litigation, as well as procedural and structural questions related to the establishment of a patent court for Europe.
Patent Practice In Japan And Europe
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Author : Bernd Hansen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-07-26
Patent Practice In Japan And Europe written by Bernd Hansen and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-26 with Law categories.
More than 60 authors – supreme and high court judges, law professors, legal specialists in corporate and private practice – from Europe, East Asia, and the United States contribute original essays to this excellent compilation of the current issues regarding the laws and practices in intellectual property in Europe and Japan. The articles cover a broad spectrum of subjects, including the procedural implications of litigation, international jurisdiction, doctrines of exhaustion, utility model systems and practice, and employed inventor’s compensation, as well as the special aspects of pharmaceutical patenting such as obtaining supplementary protection certificates. Many of the articles also include a comparative analysis of the laws and practices in both geographical regions or deal with the same legal issues but in different jurisdictions, for instance: the reform of the Japanese judicial system to establish an IP-based nation; the role of patent firms in the economic development of Japan; disclosure requirements in Japan: a judge's view; I.P. High Court decisions on inventive step; international jurisdiction in Japan, Europe and the United States; patent infringement by multiple parties in Japan; patent exhaustion in Japan; corporate remuneration systems for employees' inventions in Japan and Germany; the present and future of Japan's utility model system; notable differences between Korean and German patent infringement and invalidation practices; fifteen years of the Eurasian Patent System; the future European and EU Patents Court; opposition proceedings at the EPO: tips for success; the interaction between infringement and invalidity decisions in German patent disputes; protection of confidential information in patent litigation in the UK and Germany; interpretation and determination of the scope of patents by the French Courts; provocative thoughts on the patenting of new pharmaceuticals; Obama Care: implications for research pharmaceutical companies; and many others.