Comment: Bifurcation in the English patents courts
16 August 2010
Managing Intellectual Property
Rebecca Halford-Harrison examines the lessons from two recent cases where the Court of Appeal followed a German-style approach by separating infringement and validity
For any business with patented technology at its core, identifying the best strategy for filing and exploiting patents is key. If a business is to continue to compete, either as it matures or seeks to cement or reinvigorate its foothold in the market, part of that strategy will usually involve enforcement of its patents. The best patent strategy is usually identified with pro-active rather than merely reactive consideration. Without a pro-active plan, an adverse party may choose where the battles will occur.
Factors in making the decision about where to enforce may include the location of the defendant; the location of their manufacturing; the relative likelihood of success in a given jurisdiction; and the value of the market to the defendant or the claimant. The factors may be weighted differently depending on the circumstances, industry and market. However, the decision will also depend on the legal system itself and its...
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