Patent infringement from a patent owner’s point of view
The implementation of patents requires the patent owner to be particularly attentive towards the market so that he is able to recognize any infringement of his patents in good time. This includes people from the sales department visiting clients and trade fairs knowing their company’s patent portfolio. We support your sales department early on at this preparative stage by providing them with appropriate mind maps.
Should you become aware of a possible patent infringement, a corresponding analysis is inevitable. In this way, confrontation with the possibly infringing competitor can be adjusted to the particular situation and an unjustified formal warning avoided.
If an out-of-court settlement with the possible infringer is neither requested nor realizable, we will help you with our vast experience in legal disputes. In close cooperation with our client, we then assess the possibilities on how to proceed, by, for example, attaining a preliminary injunction, a border seizure or asserting information and disclosure claims to which the patent owner is entitled, as well assessing the advantages or disadvantages of these measures based on the special case. Of course, we will also keep an eye on a possible attack by the infringer on your patent to then be able to repel any nullity request, i.e. an examination whether your patent is valid.
Infringement of a patent from a possible infringer’s point of view
After an authorization enquiry or warning notice has been received, an efficient, rapid and professional reaction to the patent owner is highly important, so that first, the patent owner is not given unnecessary concessions and, second, the relevance of the accusations can be assessed. In this connection, we even gladly support you in short term by analyzing the situation from the patent point of view and discussing further opportunities and strategies for defense. A commonly used opportunity to defend oneself against a patent owner is to file a nullity request, or to reach an interim solution via a separate patent protection.
Additionally, we gladly support you in avoiding any patent infringements. In this connection, we carry out so-called “Freedom-to-Operate Analyses”. These analyses verify whether one of your planned projects may infringe the property rights of third-parties. In this way, and depending on how highly developed your product is, either an alternative technical solution may be found, or the risk of a possible dispute with a patent owner assessed.