An International Guide to
Patent Case Management for Judges

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1.3.9 Trial

The following ten chapters in this Guide highlight the differences in the structure and importance of trial in patent litigation across different jurisdictions. In some jurisdictions, trials in patent infringement cases are limited to document analysis and the court usually does not hear from parties or witnesses.54 In these countries, the court may hold a technical briefing session in the form of an oral hearing. In other jurisdictions, trials can last for several days or weeks, with multiple trial sessions held at intervals over several months, where the parties submit briefs and evidence, and the court holds technology review sessions and evidence or witness examination.55 In some jurisdictions, there is only one dense hearing,56 while in others, the court may order separate trials for separate issues or claims.57