Tracking patent infringement

Is someone representing products containing a technical solution that is protected for you? Is a competitor using your patent to produce competitive products? Have you authorized a third party to produce and/or distribute goods, which were produced with your patent within the scope of a licensing agreement, but the licensee is using your technical teaching in violation of the agreement? As the owner of a patent, you have the right to exclude unauthorized parties from using your patent and to demand appropriate compensation for the unlawful use from the violating party.

What we offer

We will check the legal situation for you if a competitor or another unauthorized third party is using your patent without a license or in a non-agreed-upon scope. In doing so, we will work closely together with specialized patent attorneys on the technical protective area of your patent for the technical evaluation of the facts of the case. If there are patent infringements, we will document them, e.g. with corresponding test purchases, and develop a strategy for you in order to stop the violations as quickly and efficiently as possible.

Normally, enforcement is carried out initially through a warning notice in which the infringing party is required to provide a cease-and-desist declaration, information, compensatory damages, elimination of the legal infringement, and reimbursement of the attorney’s fees.

If the recipient of the warning notice fails to give sufficient declaration to cease and desist in response to the warning notice or if said person fails to fulfill the other claims, then we will initiate the necessary steps for court proceedings. The enforcement of claims is normally done by means of a complaint. In exceptional cases, particularly for patents and patent infringements that cannot be enforced any other way for the court, legal enforcement can take place on a case-by-case basis using a temporary injunction.

We can represent you before all courts in Germany. Take advantage of our many years of experience in many patent law disputes and court proceedings.

Scope of service

  • Examination and evaluation of the technical and legal situation together with a specialized patent attorney
  • Consulting with respect to the legal options and the strategic procedure
  • Out-of-court representation in warning notice proceedings
  • Court enforcement before all relevant district and regional courts by means of temporary injunctions or complaints
  • Enforcement of cease-and-desist agreements by asserting contractual penalties or fines

Costs

We normally offer our services to you calculated according to the time spent at a suitable hourly rate or according to the Attorneys Compensation Act (RVG). We believe that cost transparency and cost reliability form the basis of successful cooperation. We will be happy to provide you with an estimate of the expected costs and the cost risk before taking the job.

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Christopher A. Wolf, MBA

Attorney . Partner
Fachanwalt für:
Intellectual Property
Copyright and Media Law
+49 711 41019073

Clemens Pfitzer

Attorney . Partner
Fachanwalt für:
Intellectual Property Law
IT Law
+49 711 41019072

Dr. Markus Wekwerth

Attorney . Partner
Fachanwalt für:
Intellectual Property
+49 711 41019074