Work Area: Litigation

Featured in Global Patent Litigation 2023

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

Featured in Global Patent Litigation 2023

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

Featured in Global Patent Litigation 2023

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

Featured in Global Patent Litigation 2023

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

Featured in Global Patent Litigation 2023

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

Featured in Global Patent Litigation 2023

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

Featured in Global Patent Litigation 2023

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

Featured in Global Patent Litigation 2023

The various types of US patent tribunals – district courts, the ITC and the PTAB – are not bound by rulings from others of those bodies unless affirmed on appeal. Rulings from foreign jurisdictions typically have little persuasive value unless the issues under consideration are virtually identical.

26 October 2022

Micron only entered agreement after a long counterattack in the PTAB and a key trial court ruling that limited the IP holder’s damages

24 October 2022

Delays in renewing licences have eroded the profit margins of two of Europe’s biggest innovators

21 October 2022