We talked with Greg Benoit, president of the Canadian company that filed the most cases in 2022, strongly favours the Western District of Texas, and has obtained a 96% settlement rate among its terminated cases
Here’s everything you need to know about last week’s landmark ruling
As long as an allegation is made in good faith – meaning not objectively baseless – the First Amendment protects a patent holder’s right to send them
In India, patent cases are heard by the district courts of the commercial division at first instance. In Mumbai, Delhi, Chennai and Kolkata, high courts also possess original jurisdiction, and patent cases may be filed there if the subject matter falls within their pecuniary jurisdiction. Whether before a district court or a high court, patent cases are heard by a single judge.
26 October 2022
When it comes to patent owners asserting their patent rights, there is a wide spectrum of possibilities. To navigate this, patent owners should raise certain key issues with their law firms before asserting their patent rights.
26 October 2022
Although Polish courts do not operate on the basis of precedents, they are likely to follow the solidified line of reasoning of the Supreme Court, by virtue of its authority.
26 October 2022
Expert evidence is often determinative of patent actions. It is of paramount importance to ensure that the legal team has the expertise to identify the correct experts, instruct them correctly (particularly to avoid allegations of hindsight) and aid the drafting of their report in accordance with the rules.
26 October 2022
Only lawyers (ie, attorneys at law) who are members of a Greek bar association may represent parties before the Greek civil courts, without restriction. The complexity of most patent disputes makes it imperative that litigants entrust their cases to lawyers who specialise in IP protection.
26 October 2022
Brazilian judges have been increasing their IP-rights knowledge, especially regarding patents, because of the high number of disputes that have been brought by patentees. Additionally, there are courts specialised in IP matters, such as the state courts of Rio de Janeiro and Sao Paulo, where most litigation is filed.
26 October 2022
There is no ‘bifurcation’ in Italy. The assessment of the validity of the rights and the discussion regarding infringement are usually handled together in the same proceedings. They are definitely handled together in cases in which the defendant files its counterclaims in the same proceeding.
26 October 2022
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).
26 October 2022
In the past, it was common to find that the effective term of a patent would differ from one patent to another, depending on how long each examiner took to study the application; in other words, under the 20-year filing date rule, a patent could be granted at any time between two years to 17 or more years after filing, and there have been cases in which either the patentee would enjoy only a single year of protection or the patent would be invalid upon issue – a result that is totally preposterous, unfair and unconstitutional.
26 October 2022
Japanese courts have highly specialised divisions dedicated to IP-related cases. In particular, a chief judge of each division has extensive experience in patent infringement lawsuits.
26 October 2022
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