May 28, 2013 Articles

Patent Litigation in Germany

A look at some of the peculiarities of the German court system that prompt patent holders to conduct their litigation there.

By Volkmar Henke and Rainer Böhm

More than two-thirds of all patent litigation in Europe is conducted before German courts. This state of affairs is explained not only by the size of the market to which court judgments in patent litigation cases apply but also by peculiarities of German civil procedural law as implemented by the court divisions for patent litigation.

In this article, we summarize some of the peculiarities that, when taken in combination at least, prompt many patent holders to conduct their patent litigation in Germany. These various factors will not, in our opinion, lose any of their current importance, even under a Unitary European Union Patent and Patent Court regime.

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