Enforcing patents in preliminary injunction
(PI) proceedings in Germany can be a very powerful and efficient
means of enforcing patent rights in Germany. In practice they are
often the only way to react sufficiently quickly to preserve the
innovator's market. This analysis takes a look at the
prerequisites for a preliminary injunction, specifically meeting
validity and urgency requirements and a change in case-law that
means a warning letter must be sent in certain situations before
applying for a PI.
German court perspective
Given the potential severe impact on the business of the
Respondent, German courts are very strict in issuing preliminary
injunctions and there are several prerequisites to consider before
applying for one. Apart from a clear case of infringement, the
Applicant must demonstrate to the court that the matter is urgent
and that the validity of the patent is beyond reasonable doubt.
Further, the court has to balance the interests of both
