Litigation of Standards-Essential Patents in Europe: A Comparative Analysis

25 Pages Posted: 6 Mar 2017 Last revised: 8 Mar 2017

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Fabian Gaessler

Max Planck Institute for Innovation and Competition

Christian Helmers

Santa Clara University - Leavey School of Business; Universidad Carlos III de Madrid

Brian J. Love

Santa Clara University School of Law

Date Written: March 3, 2017

Abstract

Despite the significance of patent litigation in the EU and the looming structural overhaul of the European patent litigation system, there has been comparatively little empirical or statistical analysis of European patent cases across member states. This absence has largely been due to the lack of harmonized case-level data across European jurisdictions. Over the past few years, however, researchers in Europe have developed patent litigation databases that have enabled robust quantitative analysis. As a result, comparative empirical studies have recently been published concerning European patent litigation overall, as well as litigation by so-called non-practicing entities (NPEs). The present study extends this work to the important area of litigation relating to standards-essential patents (SEPs) in the EU. We find that that the assertion of SEPs has occurring in Europe at significant levels, and that PAEs are playing a large role in this activity.

Keywords: Europe, UK, Germany, standards, SEP, standards-essential patent, FRAND, litigation

JEL Classification: K00, K41, L63, L86, L96, O34

Suggested Citation

Contreras, Jorge L. and Gaessler, Fabian and Helmers, Christian and Love, Brian J., Litigation of Standards-Essential Patents in Europe: A Comparative Analysis (March 3, 2017). Berkeley Technology Law Journal, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2927193

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

Fabian Gaessler

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, 80539
Germany

Christian Helmers

Santa Clara University - Leavey School of Business ( email )

500 El Camino Real
Santa Clara, CA California 95053
United States

Universidad Carlos III de Madrid ( email )

CL. de Madrid 126
Madrid, Madrid 28903
Spain

Brian J. Love

Santa Clara University School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States

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