Patent Litigation in Germany

Where should we file a patent infringement lawsuit? How can we defend effectively against infringement allegations? Can we protect our customers against unjustified claims? How are damages calculated? Which impact will the Unitary Patent and the Unified Patent Court have on the patentlandscape?

We receive questions like these from clients every day.

Patent law and patent litigation in particular is an extremely complex subject. It often involves technical implications that require an expert’s participation. Frequently patent litigation has also a multi-jurisdictional aspect.

Even though patent law is partially harmonized around the world, there are jurisdiction-specific subtleties that can have a major impact on the outcome of a case. Moreover, patent litigation – like all litigation – is highly dependent on procedural law and procedural law is not harmonized in the slightest. This makes it very hard for our international clients to fully understand how patent litigation works in Germany, what options they have and against which threats they must defend.

This guide is a simple tool with concise snapshots of different topical issues concerning patent litigation in Germany. Our goal is for this guide to be an easy-to-read summary that allows you a better understanding of what you can expect in a German patent case. It shall also serve as a basis for further detailed questions – which we are happy to answer.

Contents

PREFACE
INTRODUCTION
DURATION OF PROCEEDINGS
LEGAL COSTS
BIFURCATION OF INFRINGEMENT AND VALIDITY PROCEEDINGS
STATISTICS
ESTABLISHING THE FACTS
CEASE-AND-DESIST LETTERS AND STRATEGY CONSIDERATIONS
STANDARD ESSENTIAL PATENTS (SEPS)
CUSTOMS SEIZURES
FORMS AND ACTS OF INFRINGEMENT
PROCEDURE IN THE INFRINGEMENT COURTS
REMEDIES
DEFENSES
ENFORCEMENT PROCEEDINGS
APPEALS
NULLITY PROCEEDINGS
SUMMARY PROCEEDINGS
NON-PRACTICING ENTITIES
UPC-UNIFIED PATENT COURT
GLOSSARY