Book

Global Patent Litigation: How and Where to Win, Third 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: $455.00 Main Volume


Description

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

     

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)