To gather, analyze, and share information and strategies on global litigation so that attorneys, in-house counsel, and business managers can make more informed decisions and better manage global patent disputes.
In the 1970s, there were virtually no jury trials, and there was no CAFC, and no ITC in the United States. The U.S. market drove patent litigation and the primary question for patentees was “Where in the United States should I sue?”
Since 2000, important shifts in the global economy have occurred. China joined the WTO in 2001 and global trade has grown to unprecedented levels. Intellectual property has also grown in importance and patents have become a valuable asset for companies, both offensively and defensively. With increased competition in the marketplace, the number of patent infringement suits has also increased in and outside of the United States.
Today, corporations face a labyrinth of options on how and where to litigate against competitors. However, understanding the attributes of different legal systems and procedures is only one part of a complex process for developing a winning strategy. Companies must understand the costs, risks, and benefits of bringing an action in various market-driven countries. As a result, the question for litigants now is “Where in the world should I sue?”
The Global IP Project
In January 2002, the Global IP Project was founded by Michael Elmer of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. One of the main objectives of the Global IP Project was to develop win rate data and other global metrics with the assistance of patent attorneys and litigators from law firms around the world. Before 2002, this data did not exist. Through the combined efforts of its members, the Global IP Project has collected litigation data from 1997 through the present for the most litigious countries in the world, including Australia, Brazil, Canada, China, France, Germany, India, Italy, Japan, Netherlands, Russia, South Korea, Switzerland, Taiwan, United Kingdom, and United States. Today, the Global IP Project has members from 30 countries (see Members) and continues to further its objectives through a collaboration with Darts-IP and speaking, writing, and publishing on global patent litigation developments and strategies.
Serving Members Interests
Global litigation, like U.S. litigation, is driven by business decisions, and global litigants, like U.S. litigants, need to know the differences in patentee win rates and other objective metrics when making global forum-shopping and other strategic decisions. The global data and other information provided by the Global IP Project helps litigants address these issues and answer four key questions for any given country:
- How much will my case cost?
- How long will my case take?
- What remedies are available?
- What are my chances of success?
Although there is no res judicata effect of a litigation outcome in one country on a litigation in another country, the reality is that winning a first litigation—a “first strike”—provides significant leverage in settling disputes globally. With this in mind, the Global IP Project has also developed tools for developing a global litigation strategy. Learn more