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

Name: Patent Litigation Through the Unified Patent Court and German Courts: An International Handbook
Brand: Atlantic Books
SKU: 9789041191069
Price: 22494.0 INR
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by Alexander Harguth , Konstantin Schallmoser , Steven C. Carlson

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ISBN13: 9789041191069
Binding: Hardcover
Subject: N/A
Publisher: Kluwer Law International
Publisher Imprint: Kluwer Law International
Publication Date: May 23, 2023
Pages: 624
Original Price: USD 196.0
Language: English
Edition: N/A
Item Weight: 1044 grams
BISAC Subject(s): International

About The Book

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.

This book is the first to provide an all-embracing view of the new legal situation, thoroughly 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.

The authors-prominent patent litigators, two from Germany and one from the United States-present a detailed analysis of these strategic considerations, including:

opt-out mechanisms for "ordinary" European patents;
patentability standards;
inventorship and ownership;
claim construction;
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.

Because patent enforcement is a global pursuit and inherently crosses borders, the analysis is presented with an eye toward 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 worldwide in resolving disputes through a sharpened understanding of options in Europe.

Corporate decision-makers and in-house counsel dealing with patents and patent litigation-as well as academics in patent law-will greatly benefit from the authors' practical guidance in navigating the respective judicial tracks described to promote an optimal strategic approach for the global patent arena.

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