Allen Nard, Craig --- "Europe’s bold experiment: lessons learned from America’s patent law experience" [2018] ELECD 922; in Geiger, Christophe; Nard, A. Craig; Seuba, Xavier (eds), "Intellectual Property and the Judiciary" (Edward Elgar Publishing, 2018) 427

Book Title: Intellectual Property and the Judiciary

Editor(s): Geiger, Christophe; Nard, A. Craig; Seuba, Xavier

Publisher: Edward Elgar Publishing

ISBN: 9781788113076

Section: Chapter 17

Section Title: Europe’s bold experiment: lessons learned from America’s patent law experience

Author(s): Allen Nard, Craig

Number of pages: 13

Abstract/Description:

Europe is poised to significantly alter the architecture of its patent enforcement landscape. The Unitary Patent Court represents an opportunity to add efficiency and certainty to European patent litigation, but there are also risks. This chapter argues that the risks can be mitigated by looking at the American experience and the role courts have in American patent law jurisprudence. European patent law is in the enviable position of learning from both the mistakes and positive features of the American model.