LitiPat® barometer is a litigation risk analysis tool based on an in-depth study of patent French court decisions since 2017.
How many patents are made null before the courts? What are the most impactful arguments to defend patent validity? What are the chances of success in a patent infringement action? How much are damages in case of patent infringement? Are saisies-contrefaçon helpful to win a litigation? These are the questions that companies ask themselves on a daily basis.
LitiPat® is thus an additional decision support tool that allows to enrich and objectify analysis alongside advice and recommendations in addition to the expertise of our lawyers, experts in this type of litigation.
At De Gaulle Fleurance et Associés, our dispute resolution practice is strongly involved in patent and innovation matters and experienced in devising enforcement and patent challenge strategies. This is embedded within our French independent law firm created 20 years ago to foster innovation and entrepreneurial projects.We developed a unique approach which combines a large range of competencies, from a strong controversy practice to an IA embedded approach to rationalize your options.
LitiPat® quantifies the judicial risk in French patent infringement case law and therefore is helpful to address your contentious and non-contentious matters on intangibles assets, in complement to LitiMark® and LitiDesign®.
We also codeveloped a tool to protect your creative ideas with LitiSafe® a smart blockchain application to guaranty designer and front teams on intangibles they achieve.
Retrouvez ci-dessous les dernières publications de nos experts sur le sujet :
[10/2023] Charlotte Hébert-Salomon : 85% of first-instance patent infringement decisions are confirmed on appeal. Of the 85% of confirmatory decisions, 14% nevertheless reconsider the amount of the condemnations… [Read the publication]
[08/2023] Carlyne Sevestre : At first instance, 55% of #patent infringement actions before the French jurisdictions do not result in a conviction. In 51% of cases, this is because the patent is declared null and void, and in 49% of cases because there is no evidence of infringement… [Read the publication]
[07/2023] Francine Le Péchon-Joubert : Before French courts, only 32% of the provisional measures requested by the parties are granted, while 68% are rejected. Will the UPC better welcome the requests of provisional measures ? [Read the publication]
[06/2023] Julien Horn : 82% of the judgments rendered by French jurisdictions on the validity of a patent are upheld on appeal. This figure concerns French jurisdictions where all judges are only legally qualified. [Read the publication]
[05/2023] Charlotte Hébert-Salomon : In 72% of patent infringement proceedings before the French courts, a “saisie-contrefaçon” is ordered by the judge. This procedure remains the standard in patent litigation in France… [Read the publication]
[03/2023] Carlyne Sevestre : In 87% of patent infringement proceedings, the validity of the patent is challenged. In more than a third of cases, the patent is revoked by French judges… [Read the publication]