WIPO International Patent Case Management Judicial Guide: United States

Abstract

Motivated by and drawing upon the Patent Case Management Judicial Guide developed for U.S. district courts, the World Intellectual Property Organization (WIPO) launched an International Patent Case Management Judicial Guide project in 2020. This treatise, scheduled for completion in November 2022, presents the patent case management approaches in the most significant industrial nations (Australia, Brazil, China, Germany, India, Japan, Republic of Korea, the United Kingdom, and the United States) and the European Patent Office. It aims to promote the advantages of nuanced patent case management on a global scale, enhance the capacity of litigators and in-house counsel to assess international patent litigation, and harmonize patent systems and policies.

This manuscript presents the United States chapter. In addition to presenting patent case management in U.S. district courts, it covers the Patent Trial and Appeal Board’s Inter Partes Review and Post-Grant Review and the International Trade Commission’s Section 337 patent investigation system. It also discusses pharmaceutical patent case management (Hatch Waxman and the BPCIA) and SEP/FRAND issues. The organization of the chapter reflects the WIPO template for characterizing patent case management regimes.

This draft is undergoing review. We welcome comments on any aspects of the manuscript. Please send comments to [e-mail] and [e-mail].

Keywords: patent, case management, claim construction, pharmaceuticals, standard essential patents, FRAND