With the Unified Patent Court now stalled for at least the near future, U.S. life sciences companies will continue to face the question of where to bring patent infringement cases in Europe. The German courts offer a variety of potential advantages for such companies.
Two-thirds of all patent infringement cases in Europe are brought to Germany, and there are many reasons for this – including that Germany has courts with specialized judges who exclusively practice patent law. For patent-holders, another key reason is that, under German law, injunctions are granted as of right: If the court finds in favor of the patentee, it will issue an injunction. There are of course significant other benefits to litigating patent disputes in Germany — including the fact that, as a rule of thumb, first-instance proceedings only take between eight and 24 months.
For more information about patent litigation in Germany, and the benefits it can offer U.S. life sciences companies, please read my recent Reed Smith client alert, “10 Questions You Always Wanted to Ask About Patent Litigation in Germany.”