Patent litigation in Europe

Katrin Cremers (), Max Ernicke, Fabian Gaessler, Dietmar Harhoff (), Christian Helmers (), Luke McDonagh, Paula Schliessler and Nicolas van Zeebroeck

No 13-072, ZEW Discussion Papers from ZEW - Leibniz Centre for European Economic Research

Abstract: We compare patent litigation cases across four European jurisdictions - Germany, France, the Netherlands, and the UK - covering cases filed during the period 2000-2008. For our analysis, we assemble a new dataset that contains detailed information at the case, litigant, and patent level for patent cases filed at the major courts in the four jurisdictions. We find substantial differences across jurisdictions in terms of case loads. Courts in Germany hear by far the largest number of cases in absolute terms, but also when taking country size into account. We also find important between-country differences in terms of outcomes, the share of cases that is appealed, as well as the characteristics of litigants and litigated patents. A considerable number of patents are litigated in multiple jurisdictions, but the majority of patents are subject to litigation only in one of the four jurisdictions.

Keywords: Patent litigation; Europe (search for similar items in EconPapers)
JEL-codes: K11 K41 O34 (search for similar items in EconPapers)
Date: 2013
New Economics Papers: this item is included in nep-com, nep-eur, nep-ind, nep-ino, nep-ipr, nep-pr~ and nep-law
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Citations: View citations in EconPapers (8)

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Related works:
Journal Article: Patent litigation in Europe (2017)
Working Paper: Patent litigation in Europe (2017)
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Persistent link: https://EconPapers.repec.org/RePEc:zbw:zewdip:13072

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