Considering the invalidation risk of AIA post-grant proceedings, the uncertainty about patent eligibility after the Alice and Mayo U.S. Supreme Court decisions, as well as the difficulty in getting an injunction after eBay, many experts have concluded that successfully enforcing a patent in the U.S. is a much harder task than it was a dozen years ago.
Some patent owners with international patent portfolios have decided to litigate in other countries which they see as more patent friendly, instead of, or in addition to, pursuing litigation the U.S. This shift has seemingly contributed to a documented spike in patent cases filed in EU countries, most of them in Germany.
This webinar features a U.S.-based IP executive who has carried out a successful patent enforcement campaign in Europe, a litigator based in Silicon Valley with experience in European courts on behalf of U.S. clients, and a leading German patent litigator with many multinational clients. Drawing on their first-hand experiences, they will discuss:
- The decisions necessary before launching foreign litigation
- Important differences between legal systems
- Using foreign litigation to encourage global settlement
- The reality of what it takes to enforce an injunction in Germany
- Whether European decisions make any impact on U.S. courts
- The risk that foreign litigation could backfire in the U.S.
Speakers:
- Steven Carlson, Robins Kaplan LLP
- Johannes Heselberger, Bardehle Pagenberg
- Boris Teksler, Conversant Intellectual Property Management
