In an article published by the Intellectual Property & Technology Law Journal Partners Michael Summersgill, Todd Zubler and Vanessa Wettner, Counsel Harry Hanson and Senior Associate Lisa Fritz address the key features of the German patent system and describe the central role Germany plays with regard to NPE infringement actions in Europe, among other topics.
Excerpt: “Patent litigation procedures in Germany are very different from those in the United States, and generally provide fewer protections for defendants.
Most significantly, patent infringement and patent validity proceedings are separated (or 'bifurcated') in Germany. Regional courts hear infringement cases, which can be appealed to higher regional courts and, ultimately, the Federal Court of Justice (if leave is granted). Unlike in the United States, patent invalidity is not admitted as a defense in German infringement actions. Rather, cases addressing a patent’s invalidity—called 'nullity' actions—are filed with a different court: the Federal Patent Court. Nullity decisions may be appealed to the Federal Court of Justice. But, even at the Federal Court of Justice, infringement and invalidity proceedings are heard separately.”
