Workshop: Protecting market position IP Finance and Monetisation Conference, Krakow, 6-7 September 2012 Richard Vary Head of Litigation, Nokia 1 Personal observations and experiences only: not necessarily the views of Nokia

2 Personal observations and experiences only: not necessarily the views of Nokia

Where in practice do we see patent cases filed? 3 Personal observations and experiences only: not necessarily the views of Nokia

Where do patent cases go to trial 4 Personal observations and experiences only: not necessarily the views of Nokia

The UK High Court London 5 Personal observations and experiences only: not necessarily the views of Nokia

What differences do we see in the UK system? Declaratory relief Quick but rigorous trial Discovery experts Amendments must be made in good time Costs awards: typically winner recovers 60-80% of actual cost 6 Personal observations and experiences only: not necessarily the views of Nokia

The squeeze 7 Personal observations and experiences only: not necessarily the views of Nokia UK court hears validity and infringement/essentiality together

Italy Tribunale di Milano 8 Personal observations and experiences only: not necessarily the views of Nokia

The Netherlands District Court of the Hague Fast procedure, but speed comes with certain costs: can’t easily amend, or evolve your case Strict time limits for evidence Infringement/validity heard together High reputation of judges Cross border reach 9 Personal observations and experiences only: not necessarily the views of Nokia

France 10 Personal observations and experiences only: not necessarily the views of Nokia

How does it work in Germany? Race to a remedy: get injunction before patent invalidated argue for broad construction before regional court, narrow on invalidity 11 Personal observations and experiences only: not necessarily the views of Nokia

Dusseldorf 12 Personal observations and experiences only: not necessarily the views of Nokia

Landgericht Mannheim 13 Personal observations and experiences only: not necessarily the views of Nokia

Bundespatentgericht 14 Personal observations and experiences only: not necessarily the views of Nokia

Result: If you haven’t been injuncted in Germany by now, you should probably be a little offended PartiesCourtDate of DecisionDecision Apple./. MotorolaRegional Court Munich I01 March 2012Injunction against Motorola Apple./. MotorolaRegional Court Munich I16 February 2012Injunction against Motorola Motorola./. AppleRegional Court Mannheim3 February 2012Injunction against Apple Apple./. SamsungRegional Court Munich I01 February 2012 Injunction against Samsung HTC./. IPComRegional Court Düsseldorf19 December 2011 Injunction against IPCom (misleading warning letters) Motorola Mobility./. Apple Regional Court Mannheim09 December 2011Injunction against Apple Motorola Mobility./. Apple Regional Court Mannheim04 November 2011Injunction against Apple IPCom/NokiaRegional Court Mannheim8 February 2011Injunction against Nokia IPCom/HTCRegional Court MannheimFebruary 2009Injunction against HTC

Map of interactions 16 Personal observations and experiences only: not necessarily the views of Nokia German infringement court UK court Federal Patent Court Italian Civil Court Italian Prosecutors French court Dutch court

Imagine you are a CEO Where would you locate your factories, your warehouses, your distribution centres?

Unified Patent Court Local or regional divisions hear infringement Revocation may be local, or referred to the Central Division Injunctions are pan European 18 Personal observations and experiences only: not necessarily the views of Nokia

The vicious circle of bifurcation Increase need to reach cross licence with non-EU competitors Pay higher royalties to non-EU competitors Reduced cash available for R&D in Europe Fewer EP patents than non-EU competitors Increased risk of business disrupting injunction compared to non-EU based competitors

Result Ultimately EU-based hi-tech business less able to compete with non-EU competitors, as they will become net payers of royalties International companies: relocate factories/distribution hubs to Asia/US Domestic companies: don’t grow as fast, or fail  Fewer jobs/less investment in Europe

Bifurcation: bad for business European ^ But really rather good for our competitors!