Invalid But Infringed? An Analysis of Germany's Bifurcated Patent Litigation System

Cremers, K. J. Martijn; Gaessler, Fabian; Harhoff, Dietmar; Helmers, Christian

doi:10.2139/ssrn.2504507

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2016

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Cited by 4 publications

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Patent litigation in Europe

et al. 2016

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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

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