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Limited Pre-trial Discovery in Europe: Use Strategic Patent Prosecution to Reduce the Impact

By David P. Owen and Coraline J. Haitjema

U.S. procedural rules have long provided for broad pre-trial discovery in litigation, including patent infringement litigation. In this environment, claims directed to certain methods (e.g., methods of making a chemical compound or methods performed inside a semiconductor chip) generally will allow a patent owner to obtain discovery from the accused infringer regarding how the infringer performs the methods at issue. But how useful are such claims in jurisdictions where such discovery is not available? And more importantly, what patent strategies should be implemented to enable infringement litigation in jurisdictions without discovery?

Broad Discovery in the U.S.

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