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Global Patent Litigation Management
Global Patent Litigation,Arbitrage,Key Factors,Strategies,Forum Shopping,
|Publication Year :||2016|
Global Patent Litigation is a cross cutting theme involving three domains：the institutional differences in each forum; the stage of technological development in a specific industry and a firm’s strategic behavior. Patent strategies will not operate in a vacuum. The value and utility of patents is driven by the laws and institutions that define and govern this property right. Differences among countries’ legal systems can create arbitrage opportunities for firms involved in patent litigation. Efforts must be made to identify key factors that affect arbitrage opportunities. This thesis highlights ten key factors to be considered in global patent litigation, including specific legal system, ease of filing a complaint, ease and convenience of obtaining evidence, procedural process and timing, validity challenging, costs, win rates, damages, preliminary injunction, and alternatives other than lawsuits. The focus is then on four countries, including Taiwan, the United States, China and Germany, to see what differences exist among these countries in term of said ten key factors, which will be the underlying components of managing global patent litigation and of developing strategies thereof.
Further, certain key factors for developing strategic actions towards global patent litigation are addressed from six managerial domains, including the ecosystem of patented technologies a firm resides, early due diligence on substantive issues when deploying patent litigation, factors to consider for patent litigation strategies, factors to consider for forum shopping, establishment of first mover advantage, and standards-essential patents. Firms must think in a global sense and pragmatically watch the patented technologies of the industry ecosystem they reside and then develop the patent strategies based on their resources and capabilities. Afterwards, Firms need look into the risks and arbitrage opportunities in global patent litigation and the follow-up adaptation strategies. The result of this thesis hopes to create an integrative managerial framework on global patent litigation for firms’ reference and use.
|Appears in Collections:||國際企業管理組|
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