workshop: protecting market position ip finance and monetisation conference, krakow, 6-7 september...
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Workshop: Protecting market position IP Finance and Monetisation Conference, Krakow, 6-7 September 2012. Richard Vary Head of Litigation, Nokia. Where in practice do we see patent cases filed? . Where do patent cases go to trial. The UK High Court London. - PowerPoint PPT PresentationTRANSCRIPT
Workshop: Protecting market position
IP Finance and Monetisation Conference, Krakow, 6-7 September 2012
Richard VaryHead of Litigation, Nokia
1 Personal observations and experiences only: not necessarily the views of Nokia
2 Personal observations and experiences only: not necessarily the views of Nokia
Where in practice do we see patent cases filed?
3 Personal observations and experiences only: not necessarily the views of Nokia
1) Number of cases – by jurisdiction- filed each year Parallel nullity actions in Germany excluded
US UK Germany Italy France Netherlands Austria China 2006 6 4 2 1 1 0 1 1 2007 18 0 9 0 0 0 0 2 2008 15 5 6 2 0 0 0 2 2009 21 1 7 3 1 1 0 3 2010 22 6 24 4 0 0 0 1
Where do patent cases go to trial
4 Personal observations and experiences only: not necessarily the views of Nokia
1) Number cases taken to trial in past few years (infringement and first instance only)
Total: US UK Germany China 2006 1 1 n/a 2007 1 2 2 n/a 2008 0 7 2009 1 1 5 1 2010 3 5 2
The UK
High Court London
5 Personal observations and experiences only: not necessarily the views of Nokia
What differences do we see in the UK system?• Declaratory relief
• Quick but rigorous trial
• Discovery
• experts
• Amendments must be made in good time
• Costs awards: typically winner recovers 60-80% of actual cost
6 Personal observations and experiences only: not necessarily the views of Nokia
The squeeze
7 Personal observations and experiences only: not necessarily the views of Nokia
• UK court hears validity and infringement/essentiality together
ItalyTribunale di Milano
8 Personal observations and experiences only: not necessarily the views of Nokia
The Netherlands
• District Court of the Hague
• Fast procedure, but speed comes with certain costs:
• can’t easily amend, or evolve your case• Strict time limits for evidence
• Infringement/validity heard together
• High reputation of judges
• Cross border reach
9 Personal observations and experiences only: not necessarily the views of Nokia
France
10 Personal observations and experiences only: not necessarily the views of Nokia
How does it work in Germany?• Race to a remedy: get injunction before
patent invalidated
• argue for broad construction before regional court, narrow on invalidity
11 Personal observations and experiences only: not necessarily the views of Nokia
Dusseldorf
12 Personal observations and experiences only: not necessarily the views of Nokia
LandgerichtMannheim
13 Personal observations and experiences only: not necessarily the views of Nokia
Bundespatentgericht
14 Personal observations and experiences only: not necessarily the views of Nokia
Result: If you haven’t been injuncted in Germany by now, you should probably be a little offended
Parties Court Date of Decision DecisionApple ./. Motorola Regional Court Munich I 01 March 2012 Injunction against
MotorolaApple ./. Motorola Regional Court Munich I 16 February 2012 Injunction against
MotorolaMotorola ./. Apple Regional Court Mannheim 3 February 2012 Injunction against
AppleApple ./. Samsung Regional Court Munich I 01 February 2012 Injunction against
SamsungHTC ./. IPCom Regional Court Düsseldorf 19 December 2011 Injunction against
IPCom (misleading warning letters)
Motorola Mobility ./. Apple
Regional Court Mannheim 09 December 2011 Injunction against Apple
Motorola Mobility ./. Apple
Regional Court Mannheim 04 November 2011 Injunction against Apple
IPCom/Nokia Regional Court Mannheim 8 February 2011 Injunction against Nokia
IPCom/HTC Regional Court Mannheim February 2009 Injunction against HTC
Map of interactions
16 Personal observations and experiences only: not necessarily the views of Nokia
German infringement court
UK court
Federal Patent Court
Italian Civil Court
Italian ProsecutorsFrench court
Dutch court
Imagine you are a CEO• Where would you locate your factories, your warehouses, your
distribution centres?
Unified Patent Court• Local or regional divisions hear infringement
• Revocation may be local, or referred to the Central Division
• Injunctions are pan European
18 Personal observations and experiences only: not necessarily the views of Nokia
The vicious circle of bifurcationIncrease need to
reach cross licence with
non-EU competitors
Pay higher royalties to
non-EU competitors
Reduced cash
available for R&D in Europe
Fewer EP patents
than non-EU competitors
Increased risk of business disrupting injunction
compared to non-EU based competitors
ResultUltimately EU-based hi-tech business less able to compete with non-EU competitors, as they will become net payers of royalties
• International companies: relocate factories/distribution hubs to Asia/US
• Domestic companies: don’t grow as fast, or fail
Fewer jobs/less investment in Europe
Bifurcation: bad for business
European
^But really rather good for our competitors!