Book

Global Patent Litigation: How and Where to Win, Second Edition

This treatise will help multi-national companies and their counsel answer critical questions when developing and implementing an effective global patent litigation strategy. It examines the costs, risks, and benefits of patent litigation for 16 countries and includes a formula for putting a dollar value on a case anywhere in the world. 

Price: $445.00 Main Volume


Description

This unique and comprehensive treatise, now updated and offered in its Second Edition, will help multinational companies and their counsel answer critical questions when developing and implementing an effective global patent litigation strategy. The book examines the costs, risks, and benefits of patent litigation in the most litigious and commercially developed countries in the world. It includes objective patent litigation data, including time and cost to trial and patentee win rates, and provides a formula for putting a dollar value on filing a patent lawsuit anywhere in the world.  The book also analyzes the procedural and substantive differences between different legal systems and includes distinctive “at a glance” charts allowing for clear cross-country comparisons.  The Second Edition also refines and expands on the analysis provided in the first edition of the book, and adds new country chapters for Belgium, Denmark, Mexico, Norway, and Sweden.

Topics covered include:

  • Global forum shopping, now becoming inter-country and issue-specific
  • Introduction of data metrics and litigation tools to formulate strategies
  • Developments in global patent litigation by region and industry
  • Total patent infringement claim and damage valuation
  • Rise of non-practicing entities (NPEs), which are poised to become global phenomena, as NPEs seek out courts where they can leverage the ability to obtain infringers’ profits and/or injunctions

Useful features in Global Patent Litigation, Second Edition include: 

  • Overview comparative chapters that provide a global patent litigation “big picture”
  • Discussion of global patent litigation strategies
  • Recent updates concerning the Unified Patent Court in Europe
  • Case study strategies for 23 countries and best global strategy using data, tools, actual valuation calculations and answers to 15 key litigation questions
  • New issue specific win rate data and updated statistics based on DARTs-IP global patent litigation database 

The treatise also includes chapters and executive summaries of all key data points for 23 individual countries, covering each nation’s court structure, main characteristics of patent litigation, infringement conditions and defenses, evidentiary process, preliminary injunction, remedies and damages, compensation of costs, border enforcement, and specific details.

Authors

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Authors and Contributors
Michael C. Elmer is Senior Counsel at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Palo Alto, CA.
C. Gregory Gramenopoulos is a partner at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC.

Contents

View full tables of contents and read the book’s preface or introduction.

Reviews

Read what others have to say about this Bloomberg BNA book.

How does one decide where to sue if litigations can be contemplated in multiple countries? Consider a corporation with a national patent in a designated economic regional forum whose international competitor own a legal (but later) patent in their own country– what is the end goal of the corporation? Market entry or ownership? What are the chances of success? For that matter, what is considered success? Invalidation? Infringement? Licensing potential? The answers are ‘I don’t know, ‘ ‘Kind of,’ ‘No, ‘ and ‘Maybe’ –in any order you wish. There is no simple answer.

Global Patent Litigation: How and Where to Win (Second Edition) edited by Elmer and Gramenopolous (2016) is a nearly 3-inch tome of patent litigation strategy. This book provides a methodology of inquiry and analytical tools to use in analyzing the questions above at multiple levels.      Read More

Asha Puttaiah

Journal of the Patent and Trademark Society

For anyone contemplating a multi-jurisdictional litigation strategy, Global Patent Litigation is an important and must-have resource.

Marshall Phelps

Former Corporate Vice President of Intellectual Property and Licensing for IBM and Microsoft (from the Foreword)