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Foreigners In Us Patent Litigation: An Empirical Study Of Patent Cases Filed In Nine Us Federal District Courts In 2004, 2009, And 2012, Marketa Trimble
Foreigners In Us Patent Litigation: An Empirical Study Of Patent Cases Filed In Nine Us Federal District Courts In 2004, 2009, And 2012, Marketa Trimble
Vanderbilt Journal of Entertainment & Technology Law
One of the greatest challenges facing patent holders is the enforcement of their rights against foreign (non-US) infringers. Jurisdictional rules can prevent patent holders from filing patent infringement suits where they have the greatest likelihood of success in enforcement, such as where the infringer is located, has its seat, or holds its assets. Instead, patent holders must file lawsuits in the country where the infringed patent was issued. But filing a patent lawsuit in a US court against a non-US infringer may be subject to various difficulties associated with the fact that US substantive patent law (particularly as regards its …