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

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

作者： Alexander Harguth; Konstantin Schallmoser; Steven C. Carlson
出版商： Kluwer Law International
ISBN: 9789041191069
出版时间 May 2023
规格： Hardback
适应领域： International ? 免责申明：
Countri(es) stated herein are used as reference only

List Price: ￥1,627.50

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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.
List of Figures

List of Tables

CHAPTER 1

Preamble

CHAPTER 2

Sources of Law

CHAPTER 3

Structure of Legal System

CHAPTER 4

Forms of Patent Protection

CHAPTER 5

Patentability Standards

CHAPTER 6

Opposition Proceedings

CHAPTER 7

Revocation Actions at the UPC

CHAPTER 8

National Nullity Actions: Germany

CHAPTER 9

Pre-suit Considerations

CHAPTER 10

Infringement Trial

CHAPTER 11

Summary Proceedings and Provisional Measures

CHAPTER 12

Claim Construction and Infringement

CHAPTER 13

Discovery and Evidence Taking

CHAPTER 14

Damages

CHAPTER 15

Inventorship and Ownership

CHAPTER 16

Customs Actions

CHAPTER 17

Samples

CHAPTER 18

Legal Texts

Index

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

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