Patent Infringement and Forum Shopping in the European Union
نویسندگان
چکیده
This Article first considers the extent to which a patentee is entitled, under the various Conventions governing jurisdiction and enforcement, to which all EU Member States are signatories, to choose the forum in which to sue for infringement. This Article then considers the factors which a patentee is likely to look for when choosing the forum in which to bring proceedings for infringement. It concludes by considering the extent to which, bearing these factors in mind, various jurisdictions within the European Union offer advantages to potential plaintiffs in infringement actions over other jurisdictions. A comprehensive comparison of all jurisdictions in the European Union is beyond the scope of this Article. Instead, this Article will focus primarily upon the practice and procedure of the courts of the United Kingdom and Germany, referring briefly to certain other Member States of the European Union, namely, France and Italy. PATENT INFRINGEMENT AND FORUM SHOPPING IN THE EUROPEAN UNION*
منابع مشابه
Recommended response for human cloning patent applications.
The United States Patent and Trademark Office (“USPTO”) should not follow the recent decision of the European Union to invalidate patents pertaining to human cloning technology. First, human cloning inventions are clearly patentable in the United States; not only do these inventions meet the statutory requirements of proper subject matter and utility, but they are also not precluded from satisf...
متن کاملOf Fire Ants and Claim Construction: an Empirical Study of the Meteoric Rise of the Eastern District of Texas as a Preeminent Forum for Patent Litigation
Forum shopping by patent litigants is nothing new. However, in recent years, there has been an increase in forum shopping by patentee plaintiffs. Because of this forum shopping phenomenon, the Eastern District of Texas, a technological backwater, is on pace to become the leading patent docket in the United States. This Article empirically analyzes the reasons for the popularity of the Eastern D...
متن کاملSwedish Patent Litigation in Comparison to European
Swedish patent litigation in comparison to European. Access to the published version may require subscription. Introduction A first large-scale systematic comparison of patent litigation across European jurisdictions was published in 2013 by Cremers et al., with data from Germany, UK (England and Wales), France and the Netherlands. 1 We have developed comparable statistics for Swedish patent ca...
متن کاملStandards and Intellectual Property Rights in the Age of Global Communication - A Review of the International Standardization of Third-Generation Mobile System
When the European Telecommunications Standards Institute (ETSI) selected a radio access technology based on Wideband Code-Division Multiple Access (WCDMA), sponsored by European telecommunications equipment manufactures Ericsson and Nokia, for its third-generation wireless communications system, a bitter dispute developed between ETSI and Qualcommm Inc. Qualcomm threatened to withhold its intel...
متن کاملPerspective of Mutual Recognition;Challenges and Mechanisms for Implementing it in the Area of European :::::::::union::::::::: Criminal Law
Abstract: Creation of new criminal law in the European ::::::::union:::::::: has led to an approximation of the criminal law of member states to each other. Compliance with this obligation for EU member states is due to the provisions of the Treaty of Lisbon. Main approach of the Treaty of Lisbon is to resort to the option of harmonizing the criminal laws of the member states, which is a new ch...
متن کامل