The article “Patent Proceedings in the US – Patent Holders can no longer choose their Court” by solicitor Dr Michael Rüberg and patent attorney Dr Dennis Kretschmann has now appeared in the December edition of ICC Germany Magazine by the International Chamber of Commerce (page 48, 05/2017).
The background: The US Supreme Court has limited the free choice of jurisdiction regarding patent claims. Companies domiciled or with branch in the US can no longer choose the place of jurisdiction. In their article, the authors explain the impact on German and American companies. They draw the following conclusion: “The patent landscape in the US has been subject to significant change for years. This has meant that it has become much more difficult to obtain patents in the US, to defend them against infringements and to enforce against parties in breach. The decision is a reaction against the abuse of the US system by patent trolls. On the other hand, many of the measures also impair the efficient response to patent infringements from legitimate patent holders.”
The entire article as well and the ICC edition can be downloaded here.