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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Patent Litigation in Germany, Japan and the United States: A Practitioner's Guide 2nd ed isbn 9781509960866

Patent Litigation in Germany, Japan and the United States: A Handbook

Edited by: Johannes Pitz, Atsushi Kawada, Jeffrey A. Schwab

ISBN13: 9781849461955
New Edition ISBN: 9781509960866
Published: January 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print



This book gives a systematic comparative overview of the characteristic principles of patent enforcement proceedings in the US, Japan and Germany, ie the major jurisdictions where patent holders might seek for legal remedies in parallel proceedings.

Content overview:

  • Survey
  • Matter of infringement
  • Claims of the patent holder and objections of the infringer
  • Pre-procedural measures
  • Infringement proceedings
  • Procedural principles

Subjects:
Intellectual Property Law, Germany, USA, Japan
Contents:
Part 1. Survey
I. The European Patent litigation system
II. The Japanese patent litigation system
III. The U.S. patent litigation system

Part 2. Matter of infringement
I. Germany
II. Japan
III. USA

Part 3. Fact Finding
I. Germany
II. Japan
III. USA

Part 4. Claims of the patent holder and objections of the infringer
I. Legal basis for claims
II. Objections in patent litigation

Part 5. Pre-procedural measures
I. Pre-procedural measures of the patent holder

Part 6. Infringement proceedings
I. Germany
II. Japan

Part 7. Procedural principles
I. Germany
II. Japan
III. USA

Part 8. Comparative aspects of Law and practice
I. Territoriality
II. Collection of evidence and experts
III. Courts, jury and judges
IV. Validity objection
V. Infringement
VI. Injunctions
VII. Damages
VIII. Costs