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Patent litigation in Europe

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  • Cremers, Katrin
  • Ernicke, Max
  • Gaessler, Fabian
  • Harhoff, Dietmar
  • Helmers, Christian
  • McDonagh, Luke
  • Schliessler, Paula
  • Van Zeebroeck, Nicolas

Abstract

We compare patent litigation cases across four European jurisdictions - Germany, France, the Netherlands, and the UK - covering cases filed during the period 2000-2008. For our analysis, we assemble a new dataset that contains detailed information at the case, litigant, and patent level for patent cases filed at the major courts in the four jurisdictions. We find substantial differences across jurisdictions in terms of case loads. Courts in Germany hear by far the largest number of cases in absolute terms, but also when taking country size into account. We also find important between-country differences in terms of outcomes, the share of cases that is appealed, as well as the characteristics of litigants and litigated patents. A considerable number of patents are litigated in multiple jurisdictions, but the majority of patents are subject to litigation only in one of the four jurisdictions. --

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Bibliographic Info

Paper provided by ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research in its series ZEW Discussion Papers with number 13-072.

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Date of creation: 2013
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Handle: RePEc:zbw:zewdip:13072

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Keywords: Patent litigation; Europe;

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  1. Malwina Mejer & Bruno van Pottelsberghe de la Potterie, 2009. "Economic incongruities in the European patent system," Working Papers 2009/31, Institut d'Economia de Barcelona (IEB).
  2. Matthew D. Henry & John L. Turner, 2006. "The Court of Appeals for the Federal Circuit’s Impact on Patent Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 35(1), pages 85-117, 01.
  3. Bruno van Pottelsberghe, . "Lost property: The European patent system and why it doesn't work," Blueprints, Bruegel, number 312, June.
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