Showing 1 - 10 of 1,448
The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … which is currently existing in Germany. To answer this question three essential characteristics of the current German patent … injunctive relief provided by German patent law, and the so-called ‘injunction gap’ as a result of bifurcating infringement and …
Persistent link: https://www.econbiz.de/10014360286
I analyse how patent litigation outcome in Germany a ffects the performance of the disputing fi rms by interpreting … on the functioning of the bifurcated German patent litigation system. The separation of litigation and invalidity … decisions, resulting in invalidity decisions taking much longer than decisions on infringement, provides patent holders with a …
Persistent link: https://www.econbiz.de/10013085164
This paper presents an empirical analysis of the determinants of patent litigation in Germany, based on information … analysis show that relatively valuable patents are more likely to be involved in litigation cases than the average patent … than patents which have not been opposed. Patent owner's ability to trade patents with potential infringers and to interact …
Persistent link: https://www.econbiz.de/10014069152
Using data on all patent cases in front of German courts between 2010 and 2015 we find that plaintiffs in … year before filing - has an impact on court choice by patent plaintiffs. We can further show that plaintiffs merely shop … the ministries of justice of the 16 German Laender for the detailed data on patent cases. Moreover, we thank Stefan …
Persistent link: https://www.econbiz.de/10015211069
I analyse how patent litigation outcome in Germany affects the performance of the disputing firms by interpreting … the functioning of the bifurcated German patent litigation system: The separation of litigation and invalidity decisions …, resulting in invalidity decisions taking much longer than decisions on infringement, provides patent holders with a window of …
Persistent link: https://www.econbiz.de/10009721892
Under the national procedural rules of most countries, judicial assistance in aid of international arbitration will be … granted only by the courts at the seat of the arbitration (absent a letter rogatory from a court of the arbitral seat to a … court in another jurisdiction). Germany, following an arbitration-friendly approach, departed from this standard practice by …
Persistent link: https://www.econbiz.de/10014131775
This paper presents an empirical analysis of the determinants of patent litigation in Germany, based on information … analysis show that relatively valuable patents are more likely to be involved in litigation cases than the average patent … than patents which have not been opposed. Patent owner?s ability to trade patents with potential infringers and to interact …
Persistent link: https://www.econbiz.de/10010297398
Persistent link: https://www.econbiz.de/10012054645
Enforcement is one of the bottle-necks of civil procedure. Particularly in the last decade, in the EU efficient enforcement of civil judgments is the main priority within the civil justice area. This contribution focuses on the European Order for Payment Procedure as an instrument to enhance...
Persistent link: https://www.econbiz.de/10013142583
Persistent link: https://www.econbiz.de/10014011680