IP litigation, and specifically patent litigation, has today become an effective and oft-used weapon in the arsenal of competitors vying for market advantages. Another more menacing development is the proliferation of litigation brought by non-practicing entities (NPEs), commonly known as “patent trolls”. Germany is increasingly becoming a preferred forum for patent litigation, as it presents one of the most efficient legal systems in the world and delivers verdicts that carry weight throughout many other jurisdictions.
Other important aspects for rights owners in Germany are the availability of preliminary injunctions and border seizures. By providing short-term and quick enforcement of protective rights, the dissemination of an infringing product can be stopped within a few hours.
Olbricht is able to offer full litigation services to international clients. Due to Germany’s dual court system, Olbricht represents clients in nullity proceedings directly before the Federal Patent and Supreme Court and works in close cooperation with an established IP Trial Practice during infringement cases. The litigation team combines highly experienced trial attorneys who work in collaboration with our patent attorneys to provide unified legal excellence and technical expertise. This also applies to proceedings involving interim relief. According to section 809 of the Civil Procedural Law, the plaintiff has a “right to inspection”, and search orders are granted if an infringement is likely to have occurred.