ARTICLE
15 January 2025

The Rising Threat Of German Patent Litigation: Are You Ready?

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WilmerHale

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WilmerHale provides legal representation across a comprehensive range of practice areas critical to the success of its clients. With a staunch commitment to public service, the firm is a leader in pro bono representation. WilmerHale is 1,000 lawyers strong with 12 offices in the United States, Europe and Asia.
The threat of German patent litigation is rising. Germany is second only to the United States in the number of patent infringement actions brought by non-practicing entities (NPEs)...
Germany Intellectual Property

The threat of German patent litigation is rising. Germany is second only to the United States in the number of patent infringement actions brought by non-practicing entities (NPEs), and with the ready availability of injunctive relief in Germany and the recent advent of the Unified Patent Court (UPC) creating "competition" among European courts for cases, the danger of German patent lawsuits cannot be ignored. Indeed, in many instances, these German actions are one front in a multi-jurisdictional "patent war," with parallel proceedings in other European countries, the United States, China, and elsewhere. The German proceedings in such a patent war can have an outsized role because of the greater threat of an injunction in Germany, and the litigation procedures that generally afford fewer protections for defendants. If a defendant is not careful in developing a comprehensive defensive strategy in Germany, it could soon face an order excluding its products from the German market that could effectively dictate the outcome of the war before most battles have even been fought.

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Originally Published by Intellectual Property & Technology Law Journal, 10 January 2025

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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