Global Patent Litigation 2022

WTR image

For readers with a special interest in SEP and FRAND licensing matters, the Global Patent Litigation Guide is a treasure trove. We present dedicated SEP litigation articles covering the United States, China, Germany and Europe generally. That covers the bases of where the most important developments in the most important current FRAND cases are playing out today.

Special focus

Frand history in the European Union

COHAUSZ & FLORACK
A FRAND case is a patent infringement casebased on an SEP.

SEP litigation in China – implications and developments

Competition Dynamics, Inc
Standard setting organisations (SSOs) are independent, not-for-profi t organisations that oversee telecoms and other technical standards (eg, 3G, 5G and long-term evolution (LTE)).

Patent litigation – a global undertaking

Folio Law Group
A patentee that wishes to most effectively enforce its portfolio can often choose from forums across the United States and worldwide.

Recent application of patent damages law

Haley Guiliano LLP
More recent patent actions in the United States have yielded nine and 10-figure damages awards.

Key issues in enforcing software patents

Kuhnen & Wacker
Today, it is impossible to imagine life or business without a computer – whether it is an electronic wristwatch, a food mixer or a mobile phone.

Using the PTAB as part of a successful defensive strategy

Law Office of KRAdamo
Approximately 85% of patents challenged in a post-grant review proceeding at the USPTO PTAB are involved in co-pending litigation.

How to defend your patents at the PTAB

Panitch Schwarze Belisario & Nadel LLP
Since their introduction in September 2012, inter partes reviews and post-grant reviews have been extremely popular vehicles for challenging a US patent.

Recent developments: update on FRAND in Germany

Wildanger Kehrwald Graf von Schwerin & Partner mbB
In the past 12 months, the case law of German courts regarding the FRAND defence has developed significantly and strengthened the position of SEP owners in the wake the of the first Sisvel v Haier (KZR 36/17) Federal Court of Justice judgment on 5 May 2020.

FRAND goes global

Williams & Connolly LLP
FRAND litigation is international in nature; it is rarely restricted to the United States.

Country Q&As

Austria

Wildhack & Jellinek Patentanwälte
Filing a civil lawsuit is the most frequent route taken to enforce IP rights in Austria.

Brazil

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

China

Zhong Lun Law Firm
Courts remain the primary avenue through which to enforce patents in China where damages and injunctions can be ordered; however, administrative enforcement before the local IP bureau is swiftly gaining popularity.

France

IPSIDE
The best way for patent owners to enforce their patent rights is to proceed before the firstinstance civil court in Paris, which has exclusive jurisdiction in France in patent litigation. Proceeding before the criminal courts is possible, but rarely recommended.

Germany

COHAUSZ & FLORACK
The ‘silver bullet’ for patent owners is an infringement action on the merits, filed with one of the top German courts for patent infringement (ie, Dusseldorf, Mannheim or Munich).

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.

India

LexOrbis
Patent owners can best enforce their rights by approaching the courts when seeking permanent injunctions and damages against infringers.

Italy

GLP Intellectual Property Office
Patent owners in Italy may fi le 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.

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).

Turkey

Moroğlu Arseven
The most eff ective 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 patent enforcement in the United Kingdom, with the Intellectual Property Enterprise Court (IPEC) able to hear shorter, lower value, less complex patent actions.