Global Patent Litigation 2021

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Global Patent Litigation Guide: Helping businesses navigate the new normal will provide vital insights for every IP owner interested in patent litigation around the world.

Special focus

Patent pools under the microscope

COHAUSZ & FLORACK
A patent pool is a joint licensing programme enabling one or more licensors to license a plurality – a pool – of patents to a plurality of licensees.

FRAND – rates and international trade

Competition Dynamics, Inc
IP rights are temporary exclusive rights granted to innovators to protect their investments.

SEP-FRAND litigations in India

LexOrbis
In the past two decades there has been a boom in the consumer electronics market in India, particularly in relation to telecoms.

A comprehensive and strategic look at enforcing medical device patents

McAndrews, Held & Malloy Ltd
Patent litigation is a costly endeavour. If executed correctly and with adequate preparation, it can lead to a windfall verdict or a recurring revenue stream through licensing, or it can disrupt a competitor’s business through injunctive relief.

Supplementary protection certificates in Europe

Pinsent Masons LLP
Supplementary protection certificates (SPCs) extend the protection conferred by a patent to an approved medicinal product by up to five years (plus a further six months if a paediatric extension is granted).

Recent developments: FRAND in Germany

Wildanger Kehrwald Graf von Schwerin & Partner mbB
In 2015 the European Court of Justice (ECJ) rendered its Huawei v ZTE decision, which laid out the basic principles of the FRAND defence.

Enforcing patents and trade secrets in China

Zhong Lun Law Firm
Over the past decade, patent and trade secret litigation has become increasingly popular in China. This chapter focuses on China’s adjudication system in patent and trade secret cases, on the various ways to collect evidence and the procedures involved.

Country Q&As

Austria

Wildhack & Jellinek Patentanwälte
Filing a civil lawsuit is the most frequent route taken to enforce IP rights in Austria. In civil matters, actions and requests for regular and interim injunctions based on alleged infringements may be brought (exclusively) before the Vienna Commercial Court.

Brazil

Kasznar Leonardos
Patent infringement is both a criminal offence and a civil tort.

China

Beijing Sanyou Intellectual Property Agency Ltd
First, patent owners should have a stable patent. It is advisable to conduct a patent-stability analysis before initiating a lawsuit.

Germany

COHAUSZ & FLORACK
About 1,000 infringement actions on the merits are filed before German venues each year.

Greece

Dr Helen G Papaconstantinou and Partners Law Firm
The first and quickest way of acting against an infringer is to request a temporary restraining order. This will be granted if the petitioner proves the existence of a prima facie serious infringement as a matter of exceptional urgency.

Hungary

Danubia Patent and Law Office LLC
A patent owner may enforce its rights by filing a civil lawsuit or a request for preliminary injunction.

Italy

GLP Intellectual Property Office
Patent owners in Italy may file a lawsuit against an alleged infringer and begin proceedings on the substance of the case.

Japan

Anderson Mōri & Tomotsune
The most common way to enforce a patent in Japan is through litigation in court.

Poland

Allen & Overy, A. Pędzich sp. k.
Patent owners customarily pursue patent enforcement in Poland through litigation before the common courts.

Portugal

Patentree
In Portugal, administrative and judicial actions are available to patent owners, although most patent infringement cases are dealt with through civil suits. Customs intervention can be sought in order to prevent the import of infringing goods.

Sweden

Ström & Gulliksson AB
In Sweden, a patent right is best enforced by initiating court proceedings at the Patent and Market Court on the alleged infringement.

Switzerland

Rentsch Partner Ltd
In case of an existing or imminent infringement, the patent owner may ask for injunctive relief (Article 72 of the Patent Act).

Taiwan

Tsai, Lee & Chen Patent Attorneys & Attorneys at Law
Collecting evidence – unlike in the United States there is no discovery procedure in Taiwan, so the patentee must collect evidence itself by making a sample purchase, notarising the infringer’s website and collecting information regarding infringing products

Turkey

Moroğlu Arseven
The most effective way for a patent owner to enforce its rights is to initiate an infringement action against the alleged infringers before the specialised intellectual and industrial property rights civil courts.

United Kingdom

HGF Limited
The Patents Court (part of the Business and Property Courts of the High Court) is the primary route for enforcement of patents in the United Kingdom, with the Intellectual Property Enterprise Court (IPEC) able to hear shorter, lower value, less complex patent actions.

United States

Haley Guiliano LLP
United States patents are litigated, often simultaneously, in multiple venues, including in federal district courts, before the International Trade Commission (ITC) and at the PTAB.