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Workshop: Protecting market position IP Finance and Monetisation Conference, Krakow, 6-7 September 2012

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.

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Workshop: Protecting market position IP Finance and Monetisation Conference, Krakow, 6-7 September 2012

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  1. Workshop: Protecting market positionIP Finance and MonetisationConference, Krakow, 6-7 September 2012 Richard Vary Head of Litigation, Nokia 1 Personal observations and experiences only: not necessarily the views of Nokia

  2. 2 Personal observations and experiences only: not necessarily the views of Nokia

  3. Where in practice do we see patent cases filed? 3 Personal observations and experiences only: not necessarily the views of Nokia

  4. Where do patent cases go to trial 4 Personal observations and experiences only: not necessarily the views of Nokia

  5. The UKHigh Court London 5 Personal observations and experiences only: not necessarily the views of Nokia

  6. 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

  7. The squeeze • UK court hears validity and infringement/essentiality together 7 Personal observations and experiences only: not necessarily the views of Nokia

  8. ItalyTribunaledi Milano 8 Personal observations and experiences only: not necessarily the views of Nokia

  9. 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

  10. France 10 Personal observations and experiences only: not necessarily the views of Nokia

  11. 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

  12. Dusseldorf 12 Personal observations and experiences only: not necessarily the views of Nokia

  13. LandgerichtMannheim 13 Personal observations and experiences only: not necessarily the views of Nokia

  14. Bundespatentgericht 14 Personal observations and experiences only: not necessarily the views of Nokia

  15. Result: If you haven’t been injuncted in Germany by now, you should probably be a little offended

  16. Map of interactions German infringement court Federal Patent Court UK court Italian Civil Court Dutch court French court Italian Prosecutors 16 Personal observations and experiences only: not necessarily the views of Nokia

  17. Imagine you are a CEO • Where would you locate your factories, your warehouses, your distribution centres?

  18. 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

  19. The vicious circle of bifurcation

  20. Result Ultimately 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

  21. Bifurcation: bad for business European ^ But really rather good for our competitors!

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