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Patent infringement in Germany and Europe

By means of a patent infringement lawsuit, the patentee usually tries to enforce his claims for injunctive relief and compensation of damages against the patent infringer. In the first instance, patent litigation is handled by special chambers of certain district courts which have been established for such cases.

Before filing an infringement lawsuit, a warning letter including a declaration to cease and desist is usually sent to the possible infringer. If the patent infringer signs the declaration, he is obliged to reimburse the legal costs of the warning to the holder of the patent. The amount of the costs depends on the amount in dispute, which is regularly set to € 500,000 or € 1,000,000. Usually a 1.3-fold service fee pursuant to § 13 RVG is applied for the out-of-court proceedings.

A preliminary injunction is enforced only under very special circumstances.

For questions about patent infringement, please feel free to contact us. Our German and European patent attorneys in Munich are looking forward to advising you.

1. What costs are to be expected in patent litigation?

Patent litigation proceedings are held before a public court, wherein the court fees and attorney fees are calculated depending on the amount in dispute. The underlying party has to bear the cost of the proceedings, including the cost of the other party. The amount in dispute is typically set to about € 500,000 or € 1,000,000 by the court. Based on a value of € 500,000, the cost risk for the first instance (District Court) is approximately € 42,000 and for the second instance (Court of Appeal) around € 42,000. In case of a value of € 1,000,000, the cost risk will be about € 50,000 and € 62,000 for the first and second instance, respectively.

Thus, patent litigation proceedings involve a considerable cost risk.

Please consult us for further information on patent litigation or patent infringement, respectively. You may call us directly or write us an email. Our European patent attorneys in Munich are looking forward to hearing from you.