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Nicolas Van Zeebroeck, ECARES Print
Friday, 11 February 2011, 12:15 - 13:15

A Comparative Look at Patent Litigation in Europe

Nicolas Van Zeebroeck, ECARES

Abstract: Due to its fragmentation and the difficulty of collecting data, European patent litigation has rarely been investigated across the various nations in which it occurs. This paper presents new evidence on, and analyzes patterns in, patent actions in seven European countries during 2000-2010. We observe striking differences in the likelihood of reaching a final decision in patent litigation across jurisdictions, with for example much larger relative frequencies of decisions in the Netherlands than in Germany. Patterns in patent litigation decisions are, however, similar across industries when controlling for nation of suit. Consistent with earlier studies, we find that more valuable and previously-opposed patents are significantly more likely to be litigated to judgment than are controls. Our analysis nevertheless shows that such patent suits are generally fought in single countries, with very few patents being subject to final decisions in more than one (European) jurisdiction.

Location: R42.2.103
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