Chapter

Limits of Protection under the Law of the Protecting Country

Marketa Trimble

in Global Patents

Published in print April 2012 | ISBN: 9780199840687
Published online May 2012 | e-ISBN: 9780199933013 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199840687.003.0011
Limits of Protection under the Law of the Protecting Country

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This chapter analyzes the problems that patent holders face when they sue an entity that is outside the reach of the enforcement power of the court that adjudicates the patent infringement. The first section of the chapter presents the results of a quantitative analysis of a population of patent cases filed in the United States that was conducted to investigate the involvement of foreign entities in patent litigation in U.S. courts, and to demonstrate the magnitude of the phenomenon and the related potential for cross-border enforcement problems. Particular enforcement difficulties are discussed further in the chapter, which focus on injunctive and monetary relief, respectively. Finally, the chapter summarizes the enforcement difficulties identified in this chapter and offers observations on the impact of these difficulties on the territorial scope of patent laws.

Keywords: patent law; patent infringement; patent cases; enforcement; patent litigation

Chapter.  24897 words.  Illustrated.

Subjects: Intellectual Property Law

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