Patent Litigation Proceedings Before Patent Offices and Courts
Patent Litigation Proceedings Before Patent Offices and Courts
While patents and utility models already have a protective effect due to their publication (passive effect), so that other market participants can be aware of them and can respect their scope of protection, this is not always the case in reality.
It may then be necessary to actively enforce the protective effect against an infringer, whether initially out of court or ultimately through a patent infringement action. In many cases, however, the alleged infringer will not only attempt to argue against an existing infringement of intellectual property rights, but will also initiate proceedings directed against the validity of the intellectual property right patent before a competent Patent- and Trademark Office (PTO) or court.
Patent litigation proceedings therefore usually involve both an infringement dispute and a dispute about validity, whether in opposition proceedings before a PTO or in court proceedings, such as an action for revocation. Validity proceedings can also be initiated independently of an infringement dispute.
Expertise
However, there are also other types of patent disputes, such as vindication proceedings, where the legal ownership of patents and patent applications is at issue, or disputes in the context of employee invention law, in particular regarding questions of inventor compensation.
We are happy to support and represent you comprehensively in all aspects of such patent litigation, be it before the German Patent and Trademark Office, the European Patent Office and its Boards of Appeal, German national courts or the now established European Unitary Patent Court (UPC).
Where desired or legally requrired, in particular with regard to certain court proceedings, we work closely with experienced attorneys-at-law in the field of intellectual property and, where appliable with in-house patent departments or in-house attorneys as a litigation team, if desired also with other representatives already chosen by you. We are also happy to provide advice and assistance in patent litigation proceedings abroad and work closely with local representatives in the respective country in order to pursue your interests in the best possible way.
When it comes to settling impending or ongoing patent disputes, we are happy to assist you in initiating settlement negotiations, finding and defining constructive solutions, and ultimately implementing them until a written agreement is reached. This can also be done within the framework of alternative dispute resolution (ADR) through mediation or arbitration.
Whether you have questions about our services or need support in the area of intellectual property, don’t hesitate to contact us. Our dedicated team is ready to assist you with expertise and personalized advice.
