Monday, November 14, 2016

Some New Books Relevant to Patent Enforcement

1.  Mark J. Davison, Ann L. Monotti, and Leanne Wiseman have published Australian Intellectual Property Law (Cambridge Univ. Press, 3d ed. 2016) (webpage here).  Pages 647-49 provide a brief overview of patent remedies, as well as a discussion of noninfringement declarations and actions for unjustified threats.  I'm particularly interested in the discussion of noninfringement declarations.  Amendments to the Australian statute that permits these actions became effective in April 2013 (as I noted would be the case in my book, at p.212 n.160, which came out just before the amendment entered into force).  My book missed a 2008 case, however, that the authors describe as having construed the predecessor statute narrowly.  They note that the current version of the law makes it easier to bring these actions and allows for applicants to seek a declaration of invalidity as well.

2.  Fabian Gäßler has published a book titled Enforcing and Trading Patents:  Evidence for Europe (Springer Gabler 2015), with a foreword by Dietmar Harhoff (webpage here).  The three principal chapters discuss forum shopping; Germany's bifurcated patent litigation system; and patent transfers.  I haven't reviewed this very carefully yet, but from a cursory look it appears to present an interesting mix of  theory and empirical analysis that may prove quite useful for researchers.

3.  Éditions Bruylant has published a book titled Antitrust Between EU Law and National Law:  XI Conference, which is a collection of papers presented at a 2014 conference held in Treviso, Italy (webpage here).  Three of the papers deal with SEPs and FRAND issues (pre-Huawei v. ZTE, however).  They are (1) Marina Tavassi, Standard, IP rights, and competition:  balance or conflict?; (2) Matthew Heim, The Process of Standardisation and Antitust Theory; and (3) Jean-Yves Art, Competition and Intellectual Property:  Friends or Foes--the case of standard essential patents.   This last paper discusses, among other things, Microsoft v. Motorola.

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