Patent Litigation

In Germany, infringement of a patent and validity of a patent are dealt with separately and in different courts. An infringement suit is heard by specialized boards of the district and upper district courts. The validity of a patent is heard by the German Federal Patent Court in a nullity suit. Usually the defendant in an infringement suit initiates a nullity suit as a response to the infringement suit.

Our office represents both, plaintiffs and defendants, in all stages of infringement proceedings before the district courts as well as in nullity proceedings before the Federal Patent Court, and in appeal proceedings before the German Supreme Court (BGH).

Our services usually start with advising our clients on the chances of success in infringement and/or nullity proceedings. We advise our clients also in matters of preliminary injunctions and in defending the interests of our clients against the threat of a preliminary injunction, for instance by filing protective letters in the relevant courts.