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Patent Litigation in Germany, Japan and the United States: A Handbook

Patent Litigation in Germany, Japan and the United States: A Handbook

Patent Litigation in Germany, Japan and the United States: A Handbook

Author: Johannes Pitz; Atsushi Kawada; Jeffrey A Schwab
Publisher: Hart Publishing
ISBN: 9781849461955
Published In: January 2015
Format: Hardback , 250 pages
Jurisdiction: Germany, Japan, U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

This book gives a systematic comparative overview of the characteristic principles of patent enforcement proceedings in the US, Japan and Germany, ie the major jurisdictions where patent holders might seek for legal remedies in parallel proceedings.

Content overview:

Survey
Matter of infringement
Claims of the patent holder and objections of the infringer
Pre-procedural measures
Infringement proceedings
Procedural principles

Part 1. Survey

I. The European Patent litigation system

II. The Japanese patent litigation system

III. The U.S. patent litigation system

Part 2. Matter of infringement

I. Germany

II. Japan

III. USA

Part 3. Fact Finding

I. Germany

II. Japan

III. USA

Part 4. Claims of the patent holder and objections of the infringer

I. Legal basis for claims

II. Objections in patent litigation

Part 5. Pre-procedural measures

I. Pre-procedural measures of the patent holder

Part 6. Infringement proceedings

I. Germany

II. Japan

Part 7. Procedural principles

I. Germany

II. Japan

III. USA

Part 8. Comparative aspects of Law and practice

I. Territoriality

II. Collection of evidence and experts

III. Courts, jury and judges

IV. Validity objection

V. Infringement

VI. Injunctions

VII. Damages

VIII. Costs

Johannes Pitz is attorney at law and a patent litigator in Munich.
Atsushi Kawada is attorney at law, patent and trade mark attorney as well as lecturer in patent law in Tokyo.
Jeffrey A Schwab is patent attorney who specialises in IP litigation, licensing, ADR and advertising law, New York.

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