Patent Litigation Through the Unified Patent Court and German Courts: An International Handbook

Patent Litigation Through the Unified Patent Court and German Courts is a first-of-its-kind book furnishing an all-encompassing view of the new legal situation, comprehensively demonstrating the potential for exploiting unitary patents in tandem with traditional patent rights. It also provides an overall constructive approach to patent procurement and litigation. Europe has enacted a new patent system, now offering unitary patents and a Unified Patent Court (UPC) for pan-European enforcement. Country-by-country enforcement is no longer required. Unitary patents add to the strategic options available for innovators to protect their technology, coexisting with the other traditional forms of protection through ordinary European patents, national patents, and utility models. The complex interplay between these enforcement channels creates major strategic challenges for enterprises doing business in Europe.

What’s in this book:

The authors—eminent patent litigators, two from Germany and one from the United States—present an in-depth analysis of these strategic considerations, including the following:

• opt-out mechanisms for “ordinary” European patents;
• patentability standards;
• inventorship and ownership;
• claim construction;
• damages;
• invalidation proceedings;
• revocation actions at the UPC;
• pre-suit considerations;
• enforcement options and strategies through the UPC and German courts;
• discovery and evidence taking; and
• customs actions.

Considering that patent enforcement is a global pursuit and inherently crosses borders, the analysis is presented with a focus on other European and non-European systems, particularly the common law system of the United States. The goal of this book is to assist patent practitioners globally in resolving disputes through a honed understanding of options in Europe.

How this will help you:

Corporate decision-makers and in-house counsel dealing with patents and patent litigation—as well as academics in patent law—will highly appreciate the authors’ pragmatic guidance in navigating the respective judicial tracks detailed to promote an optimal strategic approach for the global patent arena.