Patent Litigation in Germany, Japan and the United States

Johannes Pitz is an attorney at law and a patent litigator in Munich. Atsushi Kawada is a patent and trade mark attorney as well as a Lecturer in Patent Law in Tokyo. Jeffrey A Schwab is patent attorney who specialises in intellectual property litigation, licensing, alternative dispute resolution and advertising law in New York.

Part 1. Survey
I. The European Patent litigation system
II. The Japanese patent litigation system
III. The U.S. patent litigation system
Part 2. Matter of infringement
I. Germany
II. Japan
III. USA
Part 3. Fact Finding
I. Germany
II. Japan
III. USA
Part 4. Claims of the patent holder and objections of the infringer
I. Legal basis for claims
II. Objections in patent litigation
Part 5. Pre-procedural measures
I. Pre-procedural measures of the patent holder
Part 6. Infringement proceedings
I. Germany
II. Japan
Part 7. Procedural principles
I. Germany
II. Japan
III. USA
Part 8. Comparative aspects of Law and practice
I. Territoriality
II. Collection of evidence and experts
III. Courts, jury and judges
IV. Validity objection
V. Infringement
VI. Injunctions
VII. Damages
VIII. Costs