Patent Litigation in Germany, Japan and the United States PDF Download

Author: Johann Pitz
Publisher:
ISBN: 9783848786435
Category :
Languages : en
Pages :

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Author: Johann Pitz
Publisher:
ISBN: 9783406650758
Category :
Languages : en
Pages : 207

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Book Description
Présentation de l'éditeur : "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."

Author: Johannes Pitz
Publisher: Beck/Hart/Nomos
ISBN: 1509960864
Category : Law
Languages : en
Pages : 0

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Book Description
This new edition provides up-to-date information on recent case law and legislative reforms by three experienced legal practitioners in the field.

Author: Toshiko Takenaka
Publisher: Wiley-VCH
ISBN:
Category : Law
Languages : en
Pages : 350

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Book Description
Patents have become a vital tool in the international exploitation of advancing technologies. There is no issue of greater significance to patent law than the interpretation of claims, since these measure the scope of protection granted. This study analyzes patent claim interpretation in three leading jurisdictions, the United States, Germany and Japan. Starting from well-established concepts such as literal infringement, the doctrine of equivalents and prosecution history estoppel, the author demonstrates significant differences in their application by reference to case examples. These differences are explained in historical and policy terms. The need for a clear-cut, harmonized standard of claim interpretation throughout the world is urgent. As an aid towards that goal, the final chapter of this study contains a proposal for aligning still divergent legal principles. Interpreting Patent Claims takes its place alongside two other studies of related aspects of patent rights in the IIC Studies Series: Benyamini's Patent Infringement in the European Community (Vol. 13, 1993) and Gilat's Experimental Use and Patents (Vol. 16, 1995). Together these objective and informed discussion form an essential contribution to debates on central issues of intellectual property law and policy.

Author: Bernd Hansen
Publisher: Kluwer Law International B.V.
ISBN: 9041142789
Category : Law
Languages : en
Pages : 842

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Book Description
More than 60 authors – supreme and high court judges, law professors, legal specialists in corporate and private practice – from Europe, East Asia, and the United States contribute original essays to this excellent compilation of the current issues regarding the laws and practices in intellectual property in Europe and Japan. The articles cover a broad spectrum of subjects, including the procedural implications of litigation, international jurisdiction, doctrines of exhaustion, utility model systems and practice, and employed inventor’s compensation, as well as the special aspects of pharmaceutical patenting such as obtaining supplementary protection certificates. Many of the articles also include a comparative analysis of the laws and practices in both geographical regions or deal with the same legal issues but in different jurisdictions, for instance: the reform of the Japanese judicial system to establish an IP-based nation; the role of patent firms in the economic development of Japan; disclosure requirements in Japan: a judge's view; I.P. High Court decisions on inventive step; international jurisdiction in Japan, Europe and the United States; patent infringement by multiple parties in Japan; patent exhaustion in Japan; corporate remuneration systems for employees' inventions in Japan and Germany; the present and future of Japan's utility model system; notable differences between Korean and German patent infringement and invalidation practices; fifteen years of the Eurasian Patent System; the future European and EU Patents Court; opposition proceedings at the EPO: tips for success; the interaction between infringement and invalidity decisions in German patent disputes; protection of confidential information in patent litigation in the UK and Germany; interpretation and determination of the scope of patents by the French Courts; provocative thoughts on the patenting of new pharmaceuticals; Obama Care: implications for research pharmaceutical companies; and many others.

Author: Toshiko Takenaka
Publisher:
ISBN: 9780199679201
Category : Law
Languages : en
Pages : 0

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Book Description
The United States, Germany, and Japan constitute the three most significant patent systems, but there is considerable variation in procedure and jurisprudence between them. A comparison of these systems for patent enforcement can illuminate historical pathways and contemporary conduits to address contemporary challenges and encourage the adoption of new legal ideas. This book provides a comprehensive guide to the extent of patent protection, validity challenges, enforcement procedures, and infringement remedies in these three major jurisdictions. By examining the major provisions of patent statutes and court decisions in these markets, it explores fundamental patent theories and principles, evaluates current systems, and proposes best practice for patent enforcement in developed, emerging, and frontier markets. Comparative analysis and historical jurisprudence of the three core paradigms in patent enforcement will to help readers to develop a more nuanced understanding of current systems and how a legal innovation in one jurisdiction is adopted in others. Authored by a team of academics and experienced patent practitioners, it provides invaluable first-hand experience and insightful discussion of patent jurisprudence that will be of great interest to academics, policy-makers and practitioners alike.

Author: Toshiko Takenaka
Publisher:
ISBN: 9780191668456
Category :
Languages : en
Pages : 523

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Book Description
A wide-ranging and comparative analysis of patent law enforcement in the United States, Germany, and Japan.

Author: Guntram Rahn
Publisher:
ISBN: 9783452272928
Category : Patent laws and legislation
Languages : en
Pages : 149

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Book Description

Author: Rafał Sikorski
Publisher: Kluwer Law International B.V.
ISBN: 9041194584
Category : Law
Languages : en
Pages : 280

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Book Description
In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of patent-protected invention or that it may be manifestly against the public interest. This book offers a comparative study of the approaches towards injunctive relief taken by a number of leading jurisdictions, including the United States, the European Union (EU), selected EU Member States (Germany, France, The Netherlands, Belgium, the United Kingdom and Poland), and China, India, Japan and South Korea. Responding to the growing need to provide a comprehensive and flexible framework for the application of injunctive relief, twelve patent law experts, both academics and well-known practitioners familiar with practice in their particular jurisdictions, offer analyses of such elements of patent law injunctions as the following: • access to standard-essential patents; • operations of patent assertion entities; • trolls and patent privateers; • equitable nature of injunctive relief as a source of flexibility; • abuse of right and competition law defences to injunctive relief as sources of flexibility; • analysis of EU instruments that could be used in the interpretation of Member State implementing laws; • conditions for the application of tools such as equity, competition law or general doctrines such as abuse of rights; • circumstances when injunctions should be denied to patentees even though a valid patent was infringed; • complex products cases where patents protect minor parts of the technologies; and • deficiencies and advantages of various approaches to injunctive relief. A proposal for an optimal model of granting injunctions is also included. Given that there is a growing consensus as to the circumstances when injunctions should be available to the patentees and the circumstances when injunctions should be denied, a comprehensive analysis of the various legal doctrines that justify a more flexible approach towards injunctive relief is warranted. This book will give patent law practitioners and in-house counsel the opportunity to draw from the experience of other jurisdictions where courts faced similar problems. Policymakers, patent office officials, academics and researchers in intellectual property law will also welcome this approach.

Author: Kung-Chung LIU
Publisher: City University of HK Press
ISBN: 9629373076
Category : Law
Languages : en
Pages : 470

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Book Description
The first of its kind, this book presents a comprehensive collection of leading patent cases from nine major Asian jurisdictions which are analyzed by eminent scholars and legal practitioners from Asia, Germany, and the United States. It contains thirty case reports covering six topics which best reflect the current trends in Asia in patent law, namely specialized IP court (or division), compulsory licensing, the intersection between patent law and competition law, injunction, damages, and choice of jurisdiction and law in cross-border patent litigation. Each case report explores a landmark case by deconstructing the legal background and the legal reasoning of the decisions, and then discussing the commercial and/or industrial ramifications. The present volume is a useful guide for practitioners, lawyers, and judges alike, a primer for students and businessmen entering the IP world, and a reminder for policymakers, both within Asia and further afield.