Infringement
We represent our clients in Post Grant Proceedings, i.e. opposition, infringement and validity, before the UPC, EPO, GPTO, and German Federal Patent Court . We assist in coordinating the infringement proceedings in Europe with ongoing infringement proceedings in the United States.
There are two different court systems for infringement cases in Europe: the Unified Patent Court (UPC) and the national civil courts. The UPC offers a framework for patent litigation at a European level. It hears both infringement and revocation/nullity actions. The UPC has exclusive jurisdiction in respect of European patents with unitary effect (Unitary Patents). The exclusive jurisdiction regarding “classic” European patents is subject to exceptions during a transitional period of seven years. During this period, actions concerning “classic” European patents may still be brought before national courts or other competent national authorities. Furthermore, “classic” European patents can be opted out entirely from the UPC’s jurisdiction.
In Europe the validity of a patent may be challenged in different forums. During infringement proceedings before the UPC the alleged infringer may challenge the validity of the patent similar to challenging the validity of a patent during infringement proceedings at a U.S. District Courts. The UPC will then decide on both matters, i.e. the validity and if necessary the infringement of the patent. Additionally, similar to an IPR, the validity of a patent may be challenged after grant in opposition proceedings before the EPO/GPTO. While opposition proceedings may be a cost effective way, the deadline for filing the opposition is nine month after grant. After said deadline revocation/nullity proceedings before the UPC/German Federal Patent Court may be conducted. We will be happy to support you in conducting the proceedings before the UPC, EPO, GPTO, and German Federal Patent Court.
Washington - Munich
By combining both locations, we offer our clients efficient litigation with minimal effort.
For U.S. clients, infringement and nullity proceedings in Europe often add a significant workload to ongoing proceedings in the US. On the one hand, this is caused by the different procedural structures in the jurisdictions, e.g. the lack of discovery in Europe. On the other hand, this results from the different legal principles in the jurisdictions, i.e. common law in the U.S. vs. civil law in most parts of Europe.
Our location in D.C. enables us to be available for you on short notice and during your business hours. With our office in Munich we are also in close proximity to relevant agencies, courts and other law firms potentially involved in the proceedings.
Through streamlined and efficient litigation and a deep understanding of the different legal systems, we do everything we can to ensure that infringement and nullity proceedings are conducted in a result-oriented manner and with the least possible effort on your part.
Laser sharp focus:
US clients in Europe
In addition to their legal training, our attorneys have a technical background. We understand both your language and your product. This means we can not only provide you with legal information, but also support you with practical solutions in Europe so that you can concentrate on what matters most: Your business.
German 
English (United States) 
English (UK)