1.1.1 An International Guide to Patent Case Management for Judges – its purpose
An International Guide to Patent Case Management for Judges highlights the significant progress achieved in patent case management in ten patent-heavy jurisdictions, through structural reform of courts, statutory revisions, and implementation of innovative court practices, supported by judicial education.
As globalization leads to the homogenization of legal problems, it is hoped that this publication will serve as a source of inspiration and comparison for procedural innovation and improved solutions in patent case management, and contribute to coherence and mutual respect between distinct legal systems and judicial structures across different countries. At the same time, the approaches described in the Guide reveal that the unique characteristics of patent case management by courts have intimate connections with the normative, structural and socio-economic background of each jurisdiction, and any consideration for enhanced efficiencies in judicial case management must take into account the unique characteristics of that jurisdiction.
Each chapter of the Guide offers an overview of the patent system in the respective jurisdiction, including information on the role of patent offices in evaluating and deciding on patent validity, as well as the judicial structures responsible for resolving patent disputes. Thereafter, the chapters are structured based on the different stages of patent litigation in civil infringement cases. These stages include early case management, claim construction, provisional measures, discovery and gathering of information, summary judgment, evidence, trial and remedies. The chapters detail the procedures and practices of case management, while integrating pertinent patent law doctrines.
The features of judicial case management grow out of distinctive legal traditions (common law or civil law), court structures (unified or bifurcated for patent validity and infringement questions), levels of specialization and division of competence (general or specialized courts, at first or appellate instance), the use of discovery (general or limited) or experts (court or party-appointed), and the type and qualification of adjudicators (legally or technically qualified judges or juries). Some chapters address issues that are particularly relevant in their jurisdiction, such as case management for standard essential patents,1 pharmaceutical patents,2 compulsory licenses,3 or criminal liability for patent infringement.4
The features addressed by the Guide are summarized briefly below.