Patents

Litigation – before national courts and the Unified Patent Court (UPC)

Complex patent disputes, which often feature cross-border aspects and involve multiple jurisdictions at the same time, are at the core of our litigation work. Furthermore, we represent our clients before the Unified Patent Court (UPC) and have reached one of the first landmark decisions. Our specialists not only contribute to the evolution of patent law by regularly participating in landmark decisions of the highest courts but also by scientifically publishing on questions of patent and procedural law.

Our lawyers provide strategic advice, also in advance of a court case, represent plaintiffs and defendants in all stages of litigation and coordinate cross-border legal disputes. Our patent team covers the full range of disputes: We assist our clients in patent infringement suits, injunction proceedings and pre-hearing evidentiary proceedings as well as in nullity proceedings before the Federal Patent Court and the Federal Court of Justice, and in opposition proceedings before the patent offices. Our services also include accompanying measures such as customs surveillance/border seizure procedures.

When it comes to coordinating and harmonising the litigation tactics of multinational teams, our clients benefit from our established international network of first-rate patent law specialists in all major jurisdictions. This allows us to flexibly set up international litigation teams tailored to the specific needs of our clients.

Another focus of our patent practice is the representation of clients in national and international arbitration proceedings, e.g. in connection with patent license agreements and IP-related post-M&A disputes.

Standard essential patents / FRAND – Added value by competition law experts

Due to IoT/5G, disputes over standard essential patents (SEPs) are also increasingly affecting industries that have not previously faced this type of particularly critical patent dispute. The legal framework and requirements of SEP/FRAND cases are constantly in flux. Gleiss Lutz has been involved in this legal development for years.

We have extensive experience and expertise in SEP disputes and licensing negotiations, which stand and fall with the antitrust law-related FRAND defence. Our clients therefore also benefit from our market-leading antitrust practice. Together we regularly represent our clients' interests not only in the actual patent litigation but also in related proceedings before antitrust authorities such as the European Commission or the German Federal Cartel Office.

IP Compliance – avoiding unnecessary litigation

We not only conduct court proceedings, we avoid them too. An important part of our work is ensuring preventive IP compliance. In the product development phase, we support our clients by providing freedom-to-operate analyses and assessing workarounds to identify IP risks and avoid IP right infringements.

Transactional IP – amicable use of patents

Our team is prominently involved in IP projects of all kinds in the area of patents and technology. Whether our work involves the licensing of global pharmaceutical patent portfolios, complex collaborations in the field of automated driving or the collateralisation of patents - we structure, design and negotiate patent and technology projects, including innovative agreements for which no blueprints exist.

Gleiss Lutz Patent Law – Full Service plus

As part of a full service law firm, we can always bring in recognised experts from relevant other areas of law if necessary, e.g. for questions relating to public funding, foreign trade law, antitrust or tax law.