[Panel 9] Patent Remedies Issues Across Different Jurisdictions

This panel will discuss the various legal and procedural issues across major jurisdictions that play a role in patent remedies proceedings. These can be embedded in the technical part of the dispute (dealing with infringement and validity), separately, or in a "staggered" fashion, which raises a number of case management questions to be considered. There also is a wide variety of ways courts go about the calculation of damages, in particular reasonable royalties. The availability of and the requirements for other remedies such as the destruction and recall of infringing products has been harmonized in the EU, but not necessarily interpreted uniformly by the courts in different member states. Therefore, a patent owner should consider carefully what claim in which country will realistically be possible to enforce using a reasonable effort.