Does the injunction gap violate implementers’ fair trial rights under the ECHR?
http://ipkitten.blogspot.com/2020/12/does-injunction-gap-violate.html In jurisdictions with bifurcated patent systems, infringement claims and invalidity attacks are heard in separate proceedings, before different courts. Bifurcation is often defended on the grounds that the validity of the patent can be assessed by judges with technical expertise. Germany, Hungary and Austria each have bifurcated patent systems.... Continue reading