A detailed reference on patent litigation laws and practice in 33 countries, Hong Kong, and the European Union

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International Patent Litigation: A Country-by-Country Analysis offers information practitioners need to accurately anticipate problems and evaluate issues they confront when conducting or directing patent litigation in a foreign country. Written by international experts in patent litigation, the loose-leaf volume contains sections for each country that examine key topics such as the rights of the patentee, activities that constitute infringement, ways in which claims are interpreted, courts that have jurisdiction, notices that must be served to the infringer, pretrial procedures, types of remedies, types of defenses, and appeals. Each section addresses infringement, doctrines, remedies, parties, interpretations, appeals, pleadings, enforcement, settlements, proceedings, proof, conflicts, pretrial/trial procedure, and defenses.  

The 2012 Supplement expands the coverage of this treatise, offering new and updated information on countries, including:

• Germany, and the evolving relationship between patent infringement suits and patent opposition/nullity proceedings, including recent developments regarding the interaction of the patent and competition laws in the IT (mobile phones) and pharmaceutical sectors, most particularly in connection with “standards-essential” patents
• Belgium, explaining the effects of the 2011 decision of the European Council concerning enhanced cooperation with regard to the establishment of a unitary European patent
• Portugal, detailing the 2011 establishment of a system of compulsory arbitration for patent disputes involving reference medicines and generics
• Mexico, including the establishment of a Specialized Court for Intellectual Property Matters from the beginning of 2009, and the launch of a Patent Prosecution Highway (PPH) pilot program by the Mexican Institute of Industrial Property (IMPI) in cooperation with the USPTO in early 2011; the impact of the 2010 Mexican government decree establishing pre- and post-grant “observations” in lieu of formal patent opposition proceedings; and Mexico’s highly controversial 2009 amendment of the Federal Acquisitions Law, relieving public entities from liability for patent infringement and requiring government entities (specifically public health authorities) to seek “substitutes or alternative products” before purchasing patented products
• India, following on the country’s 2005 revision of the Patents Act, providing patent protection for pharmaceuticals and chemical products for the first time; the first issuance of a compulsory license for patented pharmaceutical products following the 2005 patent law revision; and judicial interpretations of the patent law with regard to the scope of protection for pharmaceutical products and permissible exceptions from infringement liability, particularly with regard to the existence in India of a so-called “public interest” exception to infringement liability

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1998/Looseleaf with Supplements/ISBN 9781570189838/Order #2070

2012/188 pp. Looseleaf/ISBN 9781617460678/Order #2067

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Michael N. Meller and William O. Hennessey

Supplement Information

• Press Release

Michael N. Meller and William O. Hennessey