Global Patent Litigation: How and Where to Win, Third Edition


This unique and comprehensive treatise, now updated and offered in its Third Edition, helps 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 contains 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 Third Edition also adds new country chapters for Argentina, Chile, Greece, New Zealand, South Africa, and Spain.

Among the topics covered and useful features are:

  • Global forum shopping, becoming inter-country and issue-specific
  • 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
  • Overview comparative chapters that provide a global patent litigation “big picture”
  • Discussion of global patent litigation strategies
  • Updates concerning the Unified Patent Court in Europe
  • Case study strategies for 29 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

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Summary of Contents

Chapter 1. How and Where to Win Global Patent Disputes

Chapter 2. Overview of the Global Patent Litigation Landscape

Chapter 3. Global Data Metrics

Chapter 4. Case Valuation Tools and Case Study

Chapter 5. Unified Patent Court in Europe

Chapter 6. Forum and Procedure

Chapter 7. Validity/Patentability Challenges

Chapter 8. Infringement

Chapter 9. Remedies

Chapter 10. Strategies and Considerations

Chapter 11. Observations and Trends

Chapters 12–40. Individual Country

  • Argentina
  • Australia
  • Belgium
  • Brazil
  • Canada
  • Chile
  • China
  • Denmark
  • England & Wales
  • Finland
  • France
  • Germany
  • Greece
  • India
  • Israel
  • Italy
  • Japan
  • Mexico
  • Netherlands
  • New Zealand
  • Norway
  • Russia
  • South Africa
  • South Korea
  • Spain
  • Sweden
  • Switzerland
  • Taiwan
  • United States

Appendices • Table of Cases • Table of Laws and Regulations • Index

About the Authors

Michael C. Elmer (retired) was senior counsel at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Palo Alto, CA.

Gregory Gramenopoulos is a partner at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC.

Individual country chapters are authored by international experts who are members of the Global IP Project.  Patent litigation data is provided by DARTS-IP.

2019/Approx. 2,178 pp. Hardcover/Order #3464

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