The Extraterritorial Enforcement of Patent Rights

Abstract

The chapter discusses the means that patent owners employ to achieve their enforcement goals in terms of the enforcement’s territorial impact; the means include centralization of litigation of multiple-country patents in a single court, litigating foreign patents in particular jurisdictions where the best prospects of actual enforcement exist, and stretching a protecting country’s patent law through the extraterritorial effects of the law and its application.

Keywords: patent, litigation, enforcement, injunction, damages, court, procedure, judge, jurisdiction, choice of law, conflict of laws, res judicata, collateral estoppel, issue preclusion, claim preclusion, product, process, method, localization