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On-The-Job Harmonization Of European Patent Law

Law360 (October 27, 2008, 12:00 AM EDT) -- As is generally known, patent litigation in Europe is not European in the sense of having one harmonized procedure. Rather, it is a national affair where a patentee can only take action against infringers in multiple jurisdictions by enforcing its patents seperately in each.

Similarly, defendants have to prove separately in every jurisdiction where they are sued that they are not infringing.

The situation for rights owners is no better since the Dutch cross-border injunction (an injunction that could be obtained in the Netherlands, which was...
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