Friday, December 9, 2016

New Edition of "Global Patent Litigation: How and Where to Win"

Bloomberg BNA has published a second edition of Michael C. Elmer and C. Gregory Gramenopoulos's treatise Global Patent Litigation:  How and Where to Win
Here is a link to the website.  According to the description:
This unique and comprehensive treatise, now updated and offered in its Second Edition, will help multinational companies and their counsel answer critical questions when developing and implementing an effective global patent litigation strategy. The book examines the costs, risks, and benefits of patent litigation in the most litigious and commercially developed countries in the world. It includes objective patent litigation data, including time and cost to trial and patentee win rates, and provides a formula for putting a dollar value on filing a patent lawsuit anywhere in the world.  The book also analyzes the procedural and substantive differences between different legal systems and includes distinctive “at a glance” charts allowing for clear cross-country comparisons.  The Second Edition also refines and expands on the analysis provided in the first edition of the book, and adds new country chapters for Belgium, Denmark, Mexico, Norway, and Sweden.
Topics covered include:

  • Global forum shopping, now becoming inter-country and issue-specific
  • Introduction of data metrics and litigation tools to formulate strategies
  • Developments in global patent litigation by region and industry
  • Total patent infringement claim and damage valuation
  • Rise of non-practicing entities (NPEs), which are poised to become global phenomena, as NPEs seek out courts where they can leverage the ability to obtain infringers’ profits and/or injunctions

Useful features in Global Patent Litigation, Second Edition include: 
  • Overview comparative chapters that provide a global patent litigation “big picture”
  • Discussion of global patent litigation strategies
  • Recent updates concerning the Unified Patent Court in Europe
  • Case study strategies for 23 countries and best global strategy using data, tools, actual valuation calculations and answers to 15 key litigation questions
  • New issue specific win rate data and updated statistics based on DARTs-IP global patent litigation database 

The treatise also includes chapters and executive summaries of all key data points for 23 individual countries, covering each nation’s court structure, main characteristics of patent litigation, infringement conditions and defenses, evidentiary process, preliminary injunction, remedies and damages, compensation of costs, border enforcement, and specific details.

I've taken a very quick look at the book, which my institution's library recently acquired, and I think it will be a useful resource.  There are chapters on, among other things, the UPC, validity challenges, remedies, and infringement, and also individual country chapters authored by contributors from around the world.  

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