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

This CLE course 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.

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.