表題番号:2011A-967 日付:2012/04/18
研究課題Enforcement of Patents in Japan, Germany and the US
研究者所属(当時) 資格 氏名
(代表者) 高等研究所 助教 Christoph Rademacher
研究成果概要
I received the Grant for Special Projects, and used it for arranging and attending a meeting with my cooperation partners in July 2012. The meeting and workshop was held in Seattle, USA. I specifically met with Professor Toshiko Takenaka and Dr. Jan Krauss, who are my co-authors of the treatise "Enforcement of Patents in the US, Germany and Japan", and with whom I intensively discussed recent developments and general differences under US and German patent law, the findings of which we reflected in our treatise preparation.

During the same workshop, I also had the chance to meet with Mr. Mike Elmer, a senior attorney with the leading US IP law firm Finnegan, who is acting as a consultant for our treatise project. Mr. Elmer is running a global patent law database, in the course of which he and is collaborators are collecting and analyzing patent infringement litigation data from all major patent law jurisdictions worldwide. As we are planning to include some of Mr. Elmer's data into our treatise to provide the reader with a more complete picture of the statistical merits of patent litigation in each of the three jurisdictions we are examining (US, Germany, Japan), it was very helpful to gain further understanding of his findings and methodology. In addition, I had the chance to meet with our leading US attorneys during the workshop, who confirmed some of my understanding about current trends in US patent litigation, in particular with respect to parallel proceedings at US District Court and at the US International Trade Commission, which were essential for me in preparing a public seminar held in March 2012, and for preparing the respective parts of our treatise.