Infringement Proceedings

Infringement proceedings serve in enforcing intellectual property rights, particularly by way of claims for damages and injunctive relief. Nowadays, infringement actions in Europe are mostly filed with the Unified Patent Court (UPC).

To be examined in the case of patents is whether a product or the standard for a standard-based product falls within the protective scope of the patent. This requires the highest degree of technical acumen. For patents which could gain a dominant position in the market, e.g. patents essential to a standard, both parties must also have complied with the FRAND terms in advance of an infringement action. Further complications arise if infringement actions need to be coordinated among multiple property rights or multiple countries.

Our attorneys are regularly involved in infringement proceedings before both German courts and the UPC.  As patent owner or potential user of a patent we advice you on extrajudicial proceedings. In court, we present your full and comprehensive technical position in all its myriad details. On non-technical aspects, we work hand-in-hand with the best attorneys-at-law in practice.