Successful

against infringement of

patents.

Patent infringements cause immense damage to patent holders! Our team of experienced patent litigation lawyers will fight patent infringements for you efficiently and consistently.

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Patent infringement

Patent infringements can massively jeopardize a company’s competitive position and investments in research and development and lead to serious economic losses. They not only damage the patent holders themselves, but can also impair technological innovation on the market. The unauthorized use of patented inventions causes considerable damage, for example through lost licensing income and development costs that cannot be amortized. This does not only apply to direct copies of patented technologies in the form of product piracy, but also to competitors who adopt protected technical teachings without authorization or use them in a modified form.

Patent proprietors can and should take consistent action against patent infringements in order to protect their property rights. Patent law offers a wide range of enforcement options for this purpose. An important preventive measure is the systematic monitoring of the market and competitors in order to identify potential infringements at an early stage.

If patent infringements are detected, a patent cease and desist letter is typically issued first, unless there are tactical reasons not to do so. If necessary, legal action is then taken, for example by issuing a temporary injunction or filing a patent infringement suit. In particularly serious cases, legal action can also be taken directly without prior cease and desist letters. In addition to civil law claims, criminal law measures may also be considered in certain cases. It is also possible to have patent-infringing products confiscated by customs upon import.

Cross-border patent infringement cases

Patent infringements often have an international dimension, be it by foreign infringers or cross-border infringements. Even if the infringer is based abroad, claims can often be enforced in Germany, for example if patent-infringing products are offered or distributed in Germany. Important connecting factors for German jurisdiction can also be the presentation at German trade fairs, transit through Germany or manufacture in Germany.

Enforcing patent rights in Germany offers considerable advantages: German patent infringement proceedings are fast and cost-efficient by international standards. The specialized patent courts have a high level of technical expertise. In addition, there is a claim for reimbursement of costs even for out-of-court cease and desist letters. Another advantage is the strict separation of infringement and nullity proceedings, which often offers tactical advantages.

If there is no German jurisdiction or if patent infringements are taking place in several countries at the same time, we work together with our international network of specialized patent law firms. This enables a coordinated enforcement strategy in various jurisdictions, taking into account the respective national particularities. This is particularly relevant for European patents that have to be enforced in different countries and for future actions before the Unified Patent Court.

Patent claims

Claims arising from patent law can be asserted by the patent holder or (with the consent of the patent holder) also by licensees. In principle, the patentee is entitled to the following claims in the event of a patent infringement:

Injunctive relief:
The aim of injunctive relief is to effectively prevent further acts of infringement. The infringer must refrain from any future use of the patented invention. Out of court, this claim is fulfilled by submitting a cease-and-desist declaration with a penalty clause. In the case of standard-essential patents, the injunctive relief may be limited by antitrust considerations.
Removal claim:
The removal claim serves to eliminate existing infringements of rights or their consequences. The infringer must ensure that the infringement is remedied, for example by withdrawing infringing products from the market or modifying production facilities so that they no longer fall within the scope of protection of the patent.
Claim for damages:
The patent proprietor can use the claim for damages to assert his loss due to the patent infringement. The damages can be calculated in three different ways: according to the actual loss of profit, according to a reasonable license fee (license analogy) or according to the infringer’s profit. License fees in patent law are usually significantly higher than in trademark law and can amount to between 2-10% or even more of net sales, depending on the industry and importance of the invention.
Information and accounting claims:
These claims serve to determine and quantify damages and provide information about suppliers and customers of the infringing products. The infringer must provide detailed information on the type, scope, duration, turnover and profit resulting from the infringement and provide an account. The infringer is obliged to submit supporting documents such as technical drawings, invoices, delivery bills and orders.
Destruction and recall claims:
The infringer must ensure that no further patent infringements take place. This may require the destruction of infringing products or their recall from the distribution channels. In the case of devices, a modification may also be sufficient under certain circumstances, provided that this leaves the scope of protection of the patent.
Reimbursement of costs for cease and desist letters:
The claim for reimbursement of costs enables the patent holder to demand reimbursement of the costs of a justified cease and desist letter (e.g. lawyers’ fees, costs for technical expert opinions, investigation costs) from the infringer. Due to the technical complexity of patent law, the costs are often significantly higher than in the case of trademark infringements, for example.

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Patent

vs.

Utility model

Both protect technical inventions that must be new and industrially applicable.

A utility model offers fast and inexpensive protection for technical inventions. It is examined for formal requirements, but not for novelty and inventive step.

A patent requires a comprehensive examination by the Patent Office with regard to novelty, inventive step and industrial applicability.

Patent

Registration: The Patent Office examines in detail whether the invention is new, inventive and industrially applicable.
Term of protection: Maximum 20 years from the filing date.
Fast availability: As there is no need to check the content, the registration process is generally faster and cheaper than with a patent.
Enforcement: Patent owners can take more effective action against third parties in the event of infringements, as the patent has already been examined for validity in the examination procedure.

Utility model

Registration: Is only examined by the patent office for formal requirements; there is no comprehensive examination for novelty and inventive step.
Term of protection: Maximum 10 years from the filing date
Processing time and costs: Issuance may take longer and involve higher costs, but offers solid protection in the long term.
Challengeability: Can be subsequently attacked relatively easily by third parties for legal validity, for example with the objection of lack of novelty or lack of inventive step.

How we enforce patent claims

In patent disputes, we work with external patent attorneys who analyze the facts of the case, in particular technically, and examine whether and to what extent the infringer is violating patent rights. Together, we analyze the technical details of the alleged infringement and document them carefully. Together with the patent attorney, we then develop targeted strategies to take effective action against the infringement. In doing so, we also take into account possible nullity attacks against the patent as well as customs and criminal law measures. Our law firm offers you a range of services specially tailored to the prosecution of patent infringements:

Technical and legal analysis:
We examine in detail whether and to what extent the challenged embodiment falls within the scope of protection of your patent. We also examine the legal validity of the patent and whether the opponent may have their own property rights or rights of prior use.
Strategic advice:
We work with you to develop the optimal enforcement strategy, taking into account technical, legal and economic aspects. In doing so, we pay particular attention to the risk of nullity actions and the possibility of workaround solutions.
Documentation and preservation of evidence:
We document the identified acts of infringement in a court of law, for example by means of technical expert opinions, reverse engineering or independent evidence proceedings.
Preparation and dispatch of cease and desist letters:
In appropriate cases, we first issue a patent cease and desist letter in which we request the infringer to cease and desist. We regularly assert claims for injunctive relief, information, damages, destruction or recall and reimbursement of warning costs. The cease and desist letter enables the infringer to avoid costly court proceedings by submitting a cease and desist letter with a penalty clause and fulfilling the other claims.
Initiation of legal proceedings:
If necessary, we will enforce your claims in court – whether by way of an interim injunction or a patent infringement action. In doing so, we take into account the special features of the two-track patent protection system in Germany with separate infringement and nullity proceedings.
Enforcement of injunctive relief:
In the event of breaches of injunctive relief obligations, we enforce contractual penalties or administrative remedies in order to finally stop the patent infringement.

Our expertise – your advantage

Our law firm has many years of experience in the prosecution of patent infringements, both against domestic and international infringers. Our specialized attorneys, in cooperation with external patent attorneys, combine technical and legal expertise with practice-oriented strategies. You benefit from:

Technical and legal expertise:
We work with experienced external patent attorneys who have in-depth technical training and contribute their technical expertise and work closely with our attorneys specializing in patent law.
Experience before courts nationwide:
We have successfully represented our clients before the German courts in patent matters and the patent offices for many years. We are familiar with the particularities of the various jurisdictions and their adjudication practice.
International network:
Thanks to our worldwide network of specialized patent law firms, we can also effectively enforce your laws in the event of cross-border infringements.
Individual support:
We develop customized solutions that take your specific technical and economic needs into account.
Success-oriented action:
Our goal is to enforce your patent rights effectively and sustainably while always keeping an eye on the technical and economic realities.