Price: $455.00 Main Volume
Meet The Authors
This unique and comprehensive treatise, now updated and offered in its Third Edition, helps 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 contains 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 Third Edition also adds new country chapters for Argentina, Chile, Greece, New Zealand, South Africa, and Spain.
Among the topics covered and useful features are:
Global forum shopping, becoming inter-country and issue-specific
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
Overview comparative chapters that provide a global patent litigation “big picture”
Discussion of global patent litigation strategies
Updates concerning the Unified Patent Court in Europe
Case study strategies for 29 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
Chapter 1. How and Where to Win Global Patent Disputes
Chapter 2. Overview of the Global Patent Litigation Landscape
Chapter 3. Global Data Metrics
Chapter 4. Case Valuation Tools and Case Study
Chapter 5. Unified Patent Court in Europe
Chapter 6. Forum and Procedure
Chapter 7. Validity/Patentability Challenges
Chapter 8. Infringement
Chapter 9. Remedies
Chapter 10. Strategies and Considerations
Chapter 11. Observations and Trends
Chapters 12–40. Individual Country Chapters
Argentina •Australia • Belgium • Brazil • Canada • Chile • China • Denmark • England & Wales • Finland • France • Germany • Greece • India • Israel • Italy • Japan • Mexico • Netherlands • New Zealand • Norway • Russia • South Africa • South Korea • Spain • Sweden • Switzerland • Taiwan • United States
Online Appendices • Table of Cases • Table of Laws and Regulations • Index
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
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.
Former Corporate Vice President of Intellectual Property and Licensing for IBM and Microsoft (from the Foreword)
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