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International Patent Litigation: A Country-by-Country Analysis, with 2013 Supplement

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

Main Volume Information

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.  


Supplement Information

The 2013 Supplement offers new and updated information on developments in U.S. patent law, including the America Invents Act and bifurcation of validity and infringement issues under the new post grant proceedings; forum selection issues, including developments in venue and transfer motion practice; pleading requirements for patent infringement claims; case management and best practices being used by the district courts to manage patent infringement cases effectively; forum shopping and developments in enforcement by non-practicing entities; developments with respect to damages and injunctive relief; and practice before the International Trade Commission.

The Supplement also reflects a major change in European Union and European patent practice, with the adoption of the new Unitary Patent and the new Unified Patent Court. Chapter updates for European Union countries include:

  • The Netherlands, where changes to Dutch law include abolishing the six-year patent and the addition of a possibility of evidence seizure
  • Switzerland, where the revised European Patent Convention has been adopted; a Federal First Instance Patent Court has been established; and a unified Federal Civil Procedure Code, enabling pre-trial evidence-taking, has been introduced
  • Austria, where the Supreme Patent and Trademark Tribunal will be dissolved at the end of 2013, future decisions of the Nullity Department at the Austrian Patent Office will be subject to appeal before the Vienna Appeal Court and the Austrian Supreme Court (OGH) will serve as final instance
  • Denmark, where new rules take effect regarding preliminary injunction (venue, sanctions and subsequent ordinary proceedings); a new section about the new European Patent; and the sections on pretrial preservation of evidence, court proceedings and settling a patent suit have been updated and enlarged
  • Norway, where changes in the law strengthening enforcement of patent rights against infringers were adopted

Additionally, the 2013 Supplement addresses patent law reforms in Brazil, where invalidity may be used as a matter of defense in infringement actions, now requiring filing a parallel nullity action in the federal courts, as determined in a recent decision issued by the Superior Court of Justice. Judges in the state courts now may be requested to stay it until the nullity action is decided, although not obliged to do so.

Main Volume Information

1998/Looseleaf with Supplements/Order #2347


Supplement Information

2013/188 pp. Looseleaf/ISBN 978-1-61746-347-1/Order #2305

Main Volume Information

About the Editors

Michael N. Meller was formerly with the law firm of Anderson, Kill & Olick, P.C. He is the founder and former managing editor of the AIPLA Quarterly Journal and is a member of the Advisory Board of Bloomberg BNA’s World Intellectual Property Report.

William O. Hennessey is a professor emeritus of law with the Franklin Pierce Center for Intellectual Property, University of New Hampshire School of Law, Concord, N.H., where he taught World Trade Law & Institutions, among other subjects.


Supplement Information

About the Editors

Michael N. Meller was formerly with the law firm of Anderson, Kill & Olick, P.C. He is the founder and former managing editor of the AIPLA Quarterly Journal and is a member of the Advisory Board of Bloomberg BNA’s World Intellectual Property Report.

Albert Tramposch is Deputy Executive Director of International Policy and Regulatory Affairs for the American Intellectual Property Association, formerly Administrator for Policy and External Affairs at the USPTO where he served as a policy advisor to the Under Secretary of Commerce for IP policy-related operations.

William O. Hennessey is a professor emeritus of law with the Franklin Pierce Center for Intellectual Property, University of New Hampshire School of Law, Concord, N.H., where he taught World Trade Law & Institutions, among other subjects.

 

Supplement Information