Journal ArticleDOI
Patent litigation in the UK: an empirical survey 2000–2008
Christian Helmers,Luke McDonagh +1 more
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In this article, the authors analyse the complete set of patent cases filed at the Patents Court in England and Wales during the period 2000-2008 and draw a number of conclusions about the types of claims brought, and by whom, as well as the value of the patents litigated and the case outcomes.Abstract:
Over the course of this article we analyse the complete set of patent cases filed at the Patents Court in England and Wales during the period 2000–2008. The data cover all types of patent-related cases brought before the Patents County Court, the Patents Court at the High Court, the Court of Appeal, as well as the House of Lords/Supreme Court.
We combine the detailed information on court cases with information on the patents in dispute as well as firm-level data for the litigating parties.
Our analysis looks at patent cases from three different angles: litigant-level, patent-level, and case-level. In this respect we draw a number of conclusions about the types of claims brought, and by whom, as well as the value of the patents litigated and the case outcomes.read more
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Patent litigation in Europe
Katrin Cremers,Max Ernicke,Fabian Gaessler,Dietmar Harhoff,Christian Helmers,Luke McDonagh,Paula Schliessler,Nicolas van Zeebroeck +7 more
TL;DR: In this paper, the authors compare patent litigation cases across four European jurisdictions (Germany, France, the Netherlands, and the UK) covering cases filed during the period 2000-2008, and find substantial differences across jurisdictions in terms of case loads.
Journal ArticleDOI
Patent litigation in Europe
Katrin Cremers,Max Ernicke,Fabian Gaessler,Dietmar Harhoff,Christian Helmers,Luke McDonagh,Paula Schliessler,Nicolas van Zeebroeck +7 more
TL;DR: In this paper, the authors compare patent litigation cases across four European jurisdictions (Germany, France, the Netherlands, and the UK) covering cases filed during the period 2000-2008, and find substantial differences across jurisdictions in terms of case loads.
Journal ArticleDOI
Patent litigation settlement in Germany: why parties settle during trial
Katrin Cremers,Paula Schliessler +1 more
TL;DR: In this paper, the decision to settle patent litigation in Germany by focusing on detailed data on within-trial actions and motivations by plaintiff, defendant and the courts was analyzed, and it was found that the settlement decision is to some degree driven by the proceedings that change the pre-trial setting of the negotiations in terms of information and stakes and make previously refused settlement a new option.
Posted Content
The Effect of Fee Shifting on Litigation: Evidence from a Court Reform in the UK
TL;DR: In this article, the authors study the impact of a U.K. court reform that established a cap on the amount of costs that a successful litigant may recover in a case litigated in the Patents County Court (PCC), now the IP Enterprise Court.
Book ChapterDOI
Patent Assertion Entities in Europe
TL;DR: In this paper, an empirical study of U.K. and German patent litigation involving patent assertion entities (PAEs) was conducted and the authors found that PAEs account for roughly ten percent of patent suits filed in these countries during the time periods covered by their study.
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Jay P. Kesan,Gwendolyn G. Ball +1 more