In the abstract, the authors write:
"We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and the UK – covering cases filed during the period 2000- 2008. For our analysis, we assemble a new dataset that contains detailed information at the case, litigant, and patent level for patent cases filed at the major courts in the four jurisdictions. We find substantial differences across jurisdictions in terms of case loads. Courts in Germany hear by far the largest number of cases in absolute terms, but also when taking country size into account. We also find important between country differences in terms of outcomes, the share of cases that is appealed, as well as the characteristics of litigants and litigated patents. A considerable number of patents are litigated in multiple jurisdictions, but the majority of patents are subject to litigation only in one of the four jurisdictions".Two of the authors -- Christian Helmers and Luke McDonagh -- are also the authors of "Patent litigation in the UK: an empirical survey 2000–2008", which is now available online to subscribers to the Journal of Intellectual Property Law & Practice (JIPLP): click here for the abstract.
This blogger is always excited to see the results of research conducted on real data rather than mere speculation. His only regret is that we have had to wait until the tail-end of 2013 for this helpful analysis of the world of European patent litigation up to five years ago. The major and highly successful reforms of the Patents County Court for England and Wales in October 2010 all happened far too late for inclusion. Let's hope that the authors of Patent Litigation in Europe are given the funds and the support to produce a sequel.