HOME EXPERTISE DISPUTES Patent infringement

You would like to enforce a patent or a trademark? Who represents you before court?

In most cases, when property rights are enforced in the Regional Court, the Higher Regional Court and the Federal Court of Justice, the cases are conducted by lawyers who are for the most part supported by patent attorneys. This so-called ‘double representation’ by lawyers and patent attorneys is both usual and advisable especially in complex IP cases, as on the one hand legal procedural knowledge and, on the other, knowledge of substantive patent law and the relevant technology are all of crucial importance in running a successful property-rights infringement case. We have to this date assisted in a large number of court cases relating to the enforcement of property rights, and in doing so have got to know the working methods of many of our lawyer colleagues. Should it be necessary for any of your property rights to be enforced in court, we will place our experience at your disposal.

We can also assist you if there is a risk of you infringing a competitor’s property right. The submission of `protective letters` which are filed at court, should be considered in such cases. These can allow preliminary injunctions to be avoided.

Which court to choose?

Before an action for the infringement of property rights is filed, it should be clarified at which court the action is to be filed. Regarding this, tactical considerations play a role, as well as legal issues. Some of the sixteen German Regional Courts, for example, that have jurisdiction to deal with patent infringement actions have particular experience in certain technologies or are known for dealing with cases particularly quickly and efficiently. When an action for infringement of property rights is prepared, we will provide assistance on these questions, together with our specialist lawyer colleagues. The opportunities offered by a preliminary injunction should also be considered. In certain situations preliminary injunctions can be obtained against a patent infringer which has the effect of prohibiting infringing acts by the patent infringer at short notice.

What is the importance of patent attorneys before court?

While court proceedings are ongoing, we, as patent attorneys, support our lawyer colleagues with respect to technical understanding and to the analysis, both in writing and orally, of the material in question. Our experience shows that direct communication between a company’s employees with a technical background and lawyers often gives rise to misunderstandings. As engineers and scientists with legal training, we act as intermediaries and help avoid such misunderstandings.



Successful trial - What are the next steps?

Once property rights have been successfully enforced in court, the judgment obtained must be used as effectively as possible.

There may be tactical considerations which militate against unconditional or immediate execution of a judgment as for example if at the same a commercial relationship exists with the losing party.

We will provide you with strategic advice on these questions and will work with you to develop suitable measures for ensuring that your rights are respected over the long term.

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