global-patent-litigation Global Patent Litigation: How and Where to Win

The Global IP Project is pleased to announce the release of the Second Edition of Global Patent Litigation: How and Where to Win. Authored by Members of the Global IP Project, the Second Edition provides a unique combination of global patent litigation data, legal issues, case valuation tools, and strategies. Read more…

GIP Annual ReportAnnual Global Patent Litigation Report 2014 – Global IP Project

The Annual Global Patent Litigation Report, published by Bloomberg BNA (February 2015), compares qualitative and quantitative information from the leading jurisdictions for patent disputes across the globe.  Prepared by leading patent litigators and Global IP Project members, the Annual Report includes a comprehensive review of global trends, with commentary on the continuing growth of IP-specialty courts, the potential impact of the Unified Patent Court (UPC) on disputes in Europe, the changes to the U.S. litigation landscape as a result of the new post-grant procedures under the America Invents Act (AIA), and the rise of patent litigation in China. Read more…

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Where to Win: Patent-Friendly Courts Revealed

Published by Managing Intellectual Property, November 2010. Multinational companies are increasingly finding themselves litigating in multiple jurisdictions. Michael Elmer and Stacy Lewis reveal findings from Finnegan’s Global IP Project to help IP counsel choose the best first-strike forum. Read more…

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Taylor Wessing – The Unified Patent Court Guide

The Unified Patent Court (“UPC”) and the European patent with unitary effect (“Unitary Patent”) are expected to come into full force in 2017. A provisional period in which existing, granted European patents and applications may be opted-out from the UPC is expected to start earlier than this. The UPC and Unitary Patent will introduce the most radical changes to patent litigation in Europe for 40 years. Read more…

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Canadian Patent Law 2016 Year In Review

A wide variety of patent law issues were litigated and decided upon in 2016. For instance, the Supreme Court considered the law of utility, the Federal Court of Appeal changed the standard of review in appeals of decisions of Prothonotaries, and the Federal Court considered the situations in which a clinical trial may anticipate a claim. The following review focuses on 2016’s most impactful decisions, with a primary focus on appellate decisions. Read more…

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Recently published: New empirical study of ILPO relating to pregrant oppositions in Israel

On January 2017, the Israeli Patents Office (“ILPO”) published the results of an empirical study relating to pre-grant opposition proceedings. The study analyzed several parameters (duration, outcome, interim proceedings, etc.) in 135 opposition files that closed in 2013-2015. The conclusions of the study, now made available to the public, provide, inter alia, insight into (a) the usefulness of pre-grant oppositions as an additional examination ‘tool’ (beyond the prosecution of patent applications) for screening ineligible patent applications; and (b) the misuse of pre-grant oppositions in Israel by third parties. The results of the study prompted the Israeli Ministry of Justice to publish a call for action relating to an overhaul of the statutory scheme of pre-grant oppositions. Read more…

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French Lessons: Knowledge of France’s long-established saisie-contrefaçon could prove useful when applying the UPC’s planned method for preserving evidence

The saisie-contrefaçon is used to gather evidence of the infringement of IP rights. Available in France since an act was passed in 19-24 July 1793, this measure has inspired the order to search evidence and inspect premises in Article 60 of the Unified Patent Court Agreement (UPCA) of 19 February 2013. Read more…