Patent Litigation

German patents (and utility models) as well as European patents with effect in Germany give the patent (utility model) holder an exclusive right to prohibit any third party from using the patented invention without consent.

BARDEHLE PAGENBERG’s team of attorneys-at-law and patent attorneys represents clients’ legal interests where their patent rights are infringed or where they are accused of infringing third-party patent rights. These rights are usually enforced in legal proceedings before the competent German courts. However, even the work undertaken prior to the legal proceedings is of considerable importance, particularly with regard to assessing the subject matter for which protection is sought.


In Germany, patent infringement proceedings and nullity proceedings (in which the legal validity of the patent asserted is examined) are conducted in separate proceedings by independent courts (“principle of separation”). These proceedings require special knowledge and hands-on experience. This particularly requires close and extensive cooperation between the attorney-at-law conducting the infringement proceedings before the civil courts and the patent attorney representing the client in nullity proceedings. Optimal coordination is essential to achieve the best possible results for our clients, which is why BARDEHLE PAGENBERG’s attorneys-at-law and patent attorneys have been cooperating closely with one another since the firm was founded in 1977.

With our international network comprising our own offices in Paris, Verona and Barcelona, a close partnership with YUSARN AUDREY in Singapore, and equally close contact with offices in the US, amongst others, we are in the best possible position to protect the interests of our national and international clients both in Germany and further afield.

BARDEHLE PAGENBERG
Partnerschaft mbB

Patentanwälte Rechtsanwälte

Prinzregentenplatz 7
81675 Munich
Germany

Phone: +49 89 928 05-0
Fax: +49 89 928 05-444
Email: infobardehlede

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IP News on
IP Reports, Patent Litigation, Licensing & Technology Transfer, Antitrust Law
Unreasonable counter-offer in FRAND negotiations – Mannheim District Court, judgment dated March 2, 2021 – docket no. 2 O 131/19

The Mannheim District Court applies decisions “FRAND-Einwand” and “FRAND-Einwand II” of the German…

IP News on
IP Reports, Patent Litigation, Oppositions and Nullity, Trade Secrets
The German parliament adopts government bill for a Second Act concerning the Simplification and Modernization of German Patent Law

The German parliament adopted the version of the government bill for a Second Act concerning the…

IP News on
IP Reports, Patent Litigation, Licensing & Technology Transfer, Antitrust Law
Application of the FRAND objection following the FCJ judgments FRAND-Einwand and FRAND-Einwand II, Düsseldorf District Court, judgments dated May 11, 2021 – docket nos. 4b O 83/19, 4b O 23/20, and 4b O 49/20

The Düsseldorf District Court follows the guidelines of the German Federal Court of Justice (FCJ)…

Firm News on
Patent Litigation, Oppositions and Nullity, Patent Prosecution
BARDEHLE PAGENBERG successful for RANPAK against STOROPACK again – Higher Regional Court of Karlsruhe confirms finding of patent infringement by STOROPACK’s Classic and Classic2 cushioning conversion machines

RANPAK HOLDINGS Corp. is a global leader of environmentally sustainable, paper-based packaging…

IP News on
IP Reports, Patent Litigation, Licensing & Technology Transfer, Antitrust Law
FRAND-Einwand II: German Federal Court of Justice, judgment dated November 26, 2020 – docket no. KZR 35/17

With its new decision FRAND-Einwand II, the German Federal Court of Justice did not only confirm its…

IP News on
IP Reports, Patent Litigation, Oppositions and Nullity
The first year with the new Rules of Procedure of the Boards of Appeal RPBA 2020 – An overview and recommendations

This IP Report takes a look at the application of amended Art. 13(1) and (2) RPBA 2020 in these…

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