Legal area

Patent Litigation

Worldwide increase in litigation

In recent years, the field of patent litigation has increasingly captured the attention of the public. Since the industry started to enforce patent rights more frequently, and since the rise of new market players that specialize in the commercial exploitation of patents, the worldwide number of legal disputes based on patents (and, where existing, also utility models) has increased. Due to Germany’s role as one of the leading European economies, and the advantages of its court system for plaintiffs, Germany continues to be one of the most attractive and popular “battle fields”.

Benefits of combined teams

In Germany, infringement and the validity of patents are decided in separate proceedings. While (technically qualified) patent attorneys are responsible for issues relating to validity, infringement proceedings require the involvement of (legally qualified) attorneys at law. This entails a very close collaboration between these two different types of attorneys. They represent their clients in both proceedings as a team and complement each other in all legal and technical matters.

BOEHMERT & BOEHMERT is one of only a handful of law firms in Germany that provides a combined representation by both types of attorneys. The seamless collaboration in teams that consist of specialized attorneys at law who are experienced in litigating patent cases and patent attorneys who have the technical expertise guarantees an effective handling of all legal disputes relating to patent law.

We provide services in all areas relating to patent and utility model litigation. At an early stage, applications are frequently structured in a way that they can be best enforced in the event of a dispute. We provide comprehensive assistance as disputes arise (which includes the development of different dispute resolution strategies, including informal notifications of infringers, warning letters, protective letters and preliminary injunctions). We represent our clients in all infringement and nullity matters, both before German courts and the German and European Patent Offices.

Our large network of associated law firms, which has been established and tested out for many years, helps us coordinate and frequently assist with foreign and multinational legal disputes.

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