Multi-National Patent Litigation: Management of Discovery and Settlement Issues and the Role of the Judiciary

Authors

James PooleyFollow
Vicki Huang, Deakin University - Deakin Law School; Melbourne LawFollow

Keywords

patent litigation, multi-national, multi-jurisdictional, international patent litigation, discovery

Abstract

National patent laws protect intellectual property rights. However, these rights can only be enforced in the country that granted the patent. Therefore, a patent owner must pursue infringement or revocation proceedings in each country where his patent rights are challenged even if the defendant is the same party. Patent owners are forced to pursue duplicative litigation on a nation-by-nation basis,incurring significant costs and draining valuable judicial resources. Duplicative litigation may result in conflicting outcomes, the impact of which can be complex and costly.... This article will focus on Germany, Japan, the United Kingdom, and the United States. First, we will provide a broad overview of the procedural landscape of these jurisdictions, paying particular attention to discovery and settlement. Then, we will examine the formal and informal mechanisms involved in cross-border discovery and settlement. Finally, we will propose some mechanisms that judges can use to facilitate an efficient discovery process and the settlement of international patent disputes.

Recommended Citation

James Pooley and Vicki Huang, Multi-National Patent Litigation: Management of Discovery and Settlement Issues and the Role of the Judiciary, 22 Fordham Intell. Prop. Media & Ent. L.J. 45 (2011).
Available at: https://ir.lawnet.fordham.edu/iplj/vol22/iss1/8