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44 Eur. J.L. & Econ. 1 (2017)

handle is hein.journals/eurjlwec44 and id is 1 raw text is: Eur J Law Econ (2017) 44:1-44 DOI 10.1007/s10657-016-9529-0 CrossMark Patent litigation in Europe Katrin Cremers1 - Max Ernicke2 - Fabian Gaessler3 Dietmar Harhoff3 - Christian Helmers4 Luke McDonagh5 Paula Schliessler- Nicolas van Zeebroeck6 Published online: 19 February 2016 © The Author(s) 2016. This article is published with open access at Springerlink.com Abstract We compare patent litigation cases across four European jurisdictions- Germany, the UK (England and Wales), France, The Netherlands-using case-level data gathered from cases filed in the four jurisdictions during the period 2000-2008. Overall, we find substantial differences across jurisdictions in terms of caseloads- notably, courts in Germany hear by far the largest number of cases, not only in absolute terms, but also when taking macro-economic indicators into account-and we further find important cross-country variances in terms of case outcomes. Moreover, we show empirically that a considerable number of patents are litigated across multiple European jurisdictions; and further, that in the majority of these cases divergent case outcomes are reached across the different jurisdictions, sug- gesting that the long-suspected problem of inconsistency of decision-making in European patent litigation is in fact real. Finally, we note that the coming into force The paper was presented at a workshop at CIPA in London and the Institute for Prospective Technological Studies of the European Commission in Seville. We thank participants for helpful comments. We thank in particular the editors and three anonymous referees for their comments which substantially improved this paper. The project was financially supported by the research program Strengthening Efficiency and Competitiveness in the European Knowledge Economies (SEEK) launched by the state government of Baden-Wuerttemberg Germany and was also supported by the UK Intellectual Property Office. ® Dietmar Harhoff dietmar.harhoff@ip.mpg.de ZEW, Mannheim, Germany 2 Universitt Dusseldorf, Dusseldorf, Germany 3 Max Planck Institute for Innovation and Competition, Munich, Germany 4 Santa Clara University, Santa Clara, CA, USA s City University, London, UK 6 Universit6 Libre de Bruxelles, Brussels, Belgium I Springer

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