Patent Infringement & Patent Litigation – Nationwide Representation

Patent litigation can involve significant costs – particularly with higher amounts in dispute or complex proceedings. I inform you early about the expected attorney and court costs and develop a defense strategy that is economically viable.

Note: Specific fees are determined by the German Lawyers’ Remuneration Act (RVG) or a fee agreement – depending on the amount in dispute, scope, course of proceedings, and specific circumstances.

Yes. If you believe that a patent was wrongly granted – for example due to lack of novelty, lack of inventive step, or insufficient disclosure – you can initiate invalidity proceedings.

For German patents, the Federal Patent Court (Germany) has jurisdiction. For European unitary patents, a “Revocation Action” can be brought before the Unified Patent Court (UPC) – with effect for all participating EU states.

Invalidity proceedings aim to challenge the validity of a patent – often in parallel with defense in infringement litigation. Success is achieved, among other things, when it can be demonstrated that the invention was already known at the time of filing or was not based on an inventive step.

A Freedom-to-Operate opinion (FTO) systematically examines whether your product or process infringes third-party patents. This is particularly important before market launches or during product development. The opinion identifies relevant patents through targeted research, analyzes infringement risks through claim mapping, and provides recommendations for action. An FTO opinion can help prevent expensive litigation and production disruptions.

No, at least not in the form presented by the opposing party. Cease-and-desist undertakings in warning letters are often overbroad and may impose lifelong obligations, broadly worded prohibitions, and high contractual penalties (often EUR 5,000 to 50,000 per violation). Have the declaration reviewed and modified by a specialist attorney (modified cease-and-desist undertaking). In many cases, complete defense is possible if the allegation is unfounded or the patent is weak.

In Germany, twelve Regional Courts have specialized patent litigation chambers, including Hamburg, Düsseldorf (with three chambers), Mannheim, and Munich. These have jurisdiction for infringement proceedings. Invalidity proceedings for German patents are heard exclusively before the Federal Patent Court (Germany) in Munich. Since June 2023, the Unified Patent Court (UPC) additionally has jurisdiction for European patents and unitary patents – in Germany there are four UPC local divisions (Hamburg, Düsseldorf, Mannheim, Munich). I represent you before all competent courts.

First-instance infringement proceedings before German patent litigation chambers are often decided within approximately 9 to 15 months. Invalidity proceedings before the Federal Patent Court (Germany) take on average about two years at first instance, depending particularly on the technical field and complexity of the case. Preliminary injunctions can be issued – if urgency is established – within a few days or weeks. Proceedings before the Unified Patent Court (UPC) have so far often been faster than national proceedings – with an average duration of approximately 12 months until judgment. Long-term experience with actual case durations is still limited.

In case of defeat, you must immediately cease the infringing activity, pay damages, provide information, and bear the litigation costs of both parties. Therefore, early risk analysis and a well-thought-out litigation strategy are crucial.

Yes. You can file an opposition against a preliminary injunction and request an oral hearing. There you can contest the infringement, challenge the validity of the patent, or question the urgency. In parallel, you can file a protective brief in advance to prevent preliminary injunctions without a hearing. The protective letter remains effective for six months and can be extended.

That depends on the individual case. Often an out-of-court solution is economically preferable. But if the allegation is unfounded, the patent is weak, or much is at stake economically, litigation can make sense. I analyze costs, risks, and prospects of success for your case.

The Unified Patent Court (UPC) has had jurisdiction since June 1, 2023 for infringement and invalidity proceedings regarding unitary patents as well as – in principle – also for conventional European patents, provided their holders have not filed an effective opt-out during the transitional period (currently 7 years).

With an effective opt-out, the jurisdiction of national courts (e.g., German patent litigation chambers and the Federal Patent Court (Germany)) remains in place. The key factors in determining jurisdiction are the patent type (German patent, European patent, unitary patent), any opt-out declaration, and the strategic orientation of the parties.

I assess for you before which court your case can or must be brought – and represent you before all competent courts, including the UPC.