We analyze the impact of the probabilistic nature of patents on the functioning of Germany’s bifurcated patent … litigation system where infringement and validity of a patent are decided independently by different courts. We show that … bifurcation creates situations in which a patent is held infringed that is subsequently invalidated. Our conservative estimates …

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 …

We analyze the impact of the probabilistic nature of patents on the functioning of Germany’s bifurcated patent … litigation system where infringement and validity of a patent are decided independently by different courts. We show that … bifurcation creates situations in which a patent is held infringed that is subsequently invalidated. Our conservative estimates …

We analyze the impact of the probabilistic nature of patents on the functioning of Germany's bifurcated patent … litigation system where infringement and validity of a patent are decided independently by different courts. We show that … bifurcation creates situations in which a patent is held infringed that is subsequently invalidated. Our conservative estimates …

Differently from the majority of countries in the European Union and around the world, Germany’s patent laws and … impact on defendants during patent infringement proceedings. Especially on the practically important preliminary stage an … monopolistic patent right often seems to be treated in a too strict, property-like manner and its economic value seems not to be …

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 …