IP Update

Unique Aspects of U.S. Patent Litigation

January 28, 2008

Finnegan patent attorney, Bob Yoches, addresses the importance of understanding and preparing for intellectual property disputes within the U.S. through a review of U.S. patent litigation practices and how they differ from Chinese practices.

As Chinese companies, especially those in high-tech industries, become more competitive in the global market, disputes will arise with U.S. and other competitors in the U.S. Increasingly, Chinese companies will find themselves involved in patent litigation in the U.S. Not only is the U.S. a huge consumer market; it is also a fertile ground for litigation. It has more lawsuits than any other country with 2000-3000 patent lawsuits each year. An increasing number of these patent lawsuits involve companies from the Greater China region. For example, about one-third of recent section 337 cases before the U.S. International trade Commission ("ITC") involve companies from the Greater China region. To have the best chance to succeed in the U.S. market, Chinese companies must understand U.S. court system, especially the differences between U.S. and Chinese patent litigation. This article provides a brief description of some of the most important differences.

Read "Unique Aspects of U.S. Patent Litigation"

Copyright © Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm's clients.