What are the major milestones of a litigation?

For example, in some countries, the major milestones are as follows:

a. The patent holder must conduct a pre-filing investigation to ensure it has a good faith basis to file the lawsuit.

b. A complaint is prepared, filed and served on the defendant.

c. The defendant answers the complaint.

d. The court sets forth a scheduling order that dictates the deadlines in the case.

e. Discovery commences (written discovery, depositions, motion practice).

f. A hearing takes place where the scope of the claims is determined by the Court (Markman hearing).

g. Expert discovery takes place.

h. Pre-trial preparation begins after the close of discovery.

i. Trial takes place (typically 18-24 months after the filing of the complaint).

j. Appeal can be taken (typically decided within 12-18 months after the trial).

The major milestones of a litigation in Vietnam are summarized as follows:

  • The patent holder must conduct a pre-filing investigation to ensure it has a good faith basis to file the lawsuit.
  • A complaint is prepared, filed and served on the defendant in due prescription time (two years from date of infringement).
  • Court issues a Notice of handling the case
  • Judge issues a Decision to hear the case
  • Negotiation between parties in the presence of Judge before the Trial takes place
  • Trial takes place (typically 03-05 months after date of Notice of handling the complaint).
  • To file an appeal application against Decision in Trial within 15 days counted from date of declaring Decision
  • Appeal can be taken (typically decided within 04-06 months after the trial).
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