This session was convened by Seth Heller (Arnold & Porter, USA) and Tal Band (President AIPPI-Israel, Senior Partner, S. Horowitz & Co.) and moderated by Matthew Wolf (Partner and Co-Chair of Intellectual Property, Arnold & Porter, USA). Opening the proceedings, Tal gave us all the welcome news that the speakers' PowerPoint presentations will be made available on the http://aippi.org.il/ website: participants will be notified by email once they're up.
|The assessor can give his|
"thumb up" -- but we may
never find out why ...
In German infringement litigation, claims and evidence are front-loaded and expressed in full in a written procedure: "skeletons are not good enough". The court will give a preliminary view at the beginning or oral proceedings. Decisions on the merits come between three and five weeks later, with appeals on questions of law. A further appeal is available but only with permission of the courts. The judge contrasted this with the mechanism and time-table for revocation proceedings, where the decision is handed down at the end of the trial but the reasons are made available later once they are written.
|Language is a problem -- but it could|
always be worse
|Randall R. Rader|
"The judges who are working in intellectual property are creating relationships that will enable them to serve you better; you will have to work hard to keep up with them. As we judges get to know each other better and read each other's judgments, there will be more judicial convergence in the way we serve our clients",