Executive summary

  1. According to respondents the rise of new multi-jurisdictional tactics, such as anti anti-suit injunctions, has been the most significant trend in global patent litigation over the last five years.
  2. Greater uniformity between courts in SEP FRAND decisions is the change that litigants would most like to see in next three years.
  3. More respondents picked the difficulty in obtaining injunctive relief over uncertainty around patentable subject matter as the main drawback of bringing a case in the United States.
  4. Germany was by far the favoured jurisdiction for patent plaintiffs.
  5. Just over 80% of respondents expect to see more litigation activity in China over the next 12 months.

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