We compare patent litigation cases across four European jurisdictionsGermany, the UK (England and Wales), France, The Netherlands-using case-level data gathered from cases filed in the four jurisdictions during the period 2000-2008. Overall, we find substantial differences across jurisdictions in terms of caseloadsnotably, courts in Germany hear by far the largest number of cases, not only in absolute terms, but also when taking macro-economic indicators into account-and we further find important cross-country variances in terms of case outcomes. Moreover, we show empirically that a considerable number of patents are litigated across multiple European jurisdictions; and further, that in the majority of these cases divergent case outcomes are reached across the different jurisdictions, suggesting that the long-suspected problem of inconsistency of decision-making in European patent litigation is in fact real. Finally, we note that the coming into force
Owing to an unfortunate error during the production process, Table 9 was published with incorrect spanning of table headers. Therefore, it has been corrected with this erratum (Table 9).
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