Current Patent Litigation Trends: UK and Germany

Keywords: Patent, Litigation, patentees, European Patent Office, Technical Board of Appeal.

I. Introduction

Previously in this series we have emphasised the importance of patentees crafting a carefully thought out pan-European patent litigation strategy designed to achieve their commercial objectives, and the importance of the United Kingdom and Germany (amongst other countries) in any such strategy.

Developing such a strategy inevitably involves a sophisticated understanding of the different legal systems in Europe, and how their advantages and disadvantages can be best incorporated into a bespoke strategy optimised for each patentee's particular objectives. Yet it must also involve an appreciation of the differences in the way the law is applied by the different legal systems in Europe. Opportunity may lie in these differences - whether it be to one's advantage or detriment.