Global Patent Litigation: Leveraging the Substantive and Procedural Differences Between the U.S., Europe, and Canada

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Tuesday, June 30, 2020

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to patent counsel on litigation of patent rights globally. The panel will examine substantive and procedural differences that counsel should analyze when determining when and where to bring infringement suits in various global jurisdictions. The panel will also guide patent attorneys on developing an international strategy.

Description

To develop a winning global patent litigation strategy, litigants must understand and weigh the key differences between jurisdictions and know how to leverage those differences for offensive and defensive purposes. Across the globe, countries are primarily divided between common law and civil law legal systems. This division drives many substantive and procedural differences, but even among similarly rooted legal systems there are significant differences that should be considered when selecting where to sue for infringement or oppose patents.

For example, as between the U.S., Europe, and Canada, what court structures exist and where can an infringement claim and/or patent challenge be brought? Also, what is the average time to a final decision and if parallel proceedings are possible, how might that impact final decisions or appeals? What differences exist in terms of evidentiary processes or burdens, and what roles do experts play in the proceedings or trial? How is privilege and confidential information handled? What remedies exist and which are likely to be obtained?

Listen as our authoritative panel of patent litigators from the U.S., Europe, and Canada examine and compare the substantive and procedural differences in these jurisdictions. The speakers will also provide practical tips and examples for specific jurisdictions and industries.

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Outline

  1. United States and Canada
    1. Forum and Procedure
    2. Validity Challenges
    3. Infringement and Remedies
  2. Europe (UK, Germany, Italy)
    1. Forum and Procedure
    2. Validity Challenges
    3. Infringement and Remedies
  3. Strategies and Considerations
  4. Practical Examples

Benefits

The panel will review these and other high profile issues:

  • What factors should counsel consider when comparing different jurisdictions in which to file suit?
  • What procedural and substantive differences among the U.S., Canada, and European countries should counsel analyze?
  • What strategies can counsel use for determining when and where to file global patent cases?

Faculty

Crichton, Michael
Michael Crichton

Partner
Gowling WLG

Mr. Crichton has a decade and a half of experience as an intellectual property litigator and strategic adviser. He...  |  Read More

Gramenopoulos, C. Gregory
C. Gregory Gramenopoulos

Partner
Finnegan Henderson Farabow Garrett & Dunner

Mr. Gramenopoulos is a partner in Finnegan, Henderson's Washington, DC office. He has more than two decades of...  |  Read More

Jandoli, Vincenzo
Vincenzo Jandoli

Partner
Avvocati Associati Franzosi Dal Negro Setti

Mr. Jandoli has a formidable reputation in both courtrooms and backrooms. He is specialized in different areas of...  |  Read More

Küppers, Roland
Roland Küppers, LL.M.

Partner
Taylor Wessing

Mr. Küppers represents national and international clients in patent infringement matters and co-ordinates...  |  Read More

Thornham, Chris
Chris Thornham

Partner
Taylor Wessing

Mr. Thornham is a partner in the IP/IT group, specialising in patents and technical disputes. He advises clients on...  |  Read More

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