Patent Infringement in Germany - Part 3 - Plaintiff After the Complaint - Patents for Professionals

Patent Litigation Strategy in Germany - Part 3 - Plaintiff after having filed the complaint https://rolfclaessen.com Subscribe https://www.youtube.com/subscription_...

In this video I try to explain what a plaintiff can do in patent infringement cases in Germany after the complaint has been filed

First brief hearing, 5 – 10 minutes (Requests of the defendant, dates), Klageerwiderung (Defendant’s answer), Replik (plaintiff’s replication), Duplik (rejoinder, defendant’s answer to plaintiff’s replication), main hearing, size of teams

Try to keep any submissions to the court including the complaint under 20 pages (margin, 10 – 12 pt, line pitching at 1.5, standard typeface), be concise and to the point

File translations for anything not German

Do not make false assumptions over the value of the case (e.g. far too low – caselaw “you shall not lie”).

Main hearing (presiding judge gives his/her preliminary opinion, less favored party argues first) – only very relevant points, assume judges have read the whole file, the main hearing will take around 1 – 3 h, focus on the points that are pointed out by the presiding judge in the preliminary opinion in the beginning of the main hearing

There can be literal infringement and an infringement under the doctrine of equivalence (separate video).

Judges do not decide on patentability, only on infringement – sometimes judges stay the proceedings, if the defendant filed a nullity action before the Federal Patent Court or an opposition with the respective office

Other useful websites:

IP Fridays - http://www.ipfridays.com (intellectual property podcast)

IP Newsflash - http://www.ipnewsflash.com (intellectual property news portal, free patent PDF download, free patent family search)


About Rolf Claessen

Rolf is patent attorney of IP boutique law firm Michalski · Hüttermann. The firm is managing about 4500 trademarks and 6500 patents and patent applications for mostly domestic medium sized clients in Germany in many technical fields.

His personal background is chemistry and nanotechnology. Before becoming a patent attorney, he received his Ph.D. from the College of Nanoscale Science and Engineering as well as the Chemistry Department, both at the State University of New York at Albany. Also, he worked for a small nanotechnology startup that was spun out of the Bayer group.

The focus of his practice is the prosecution of trademarks and patents and other intellectual property rights. His expertise in patent prosecution encompasses a deep understanding of patent law, prior art searches, prosecuting patent applications, patent drafting, opposition and defending against competitors. With the team at Michalski · Hüttermann, he strives to be the external IP department for many medium sized companies.

Rolf has been included in the Patent 1000 rankings of the IAM magazine ever since 2013. And he is included in the WTR1000 ranking in 2015.

He is a prolific writer mostly writing for law journals such as GRUR or IP Rechtsberater. He is host of his two podcasts Markenpod and IP Fridays.

Rolf is also volunteering his time in the worldwide volunteer organization Junior Chamber International (JCI), where he served as executive congress director for the JCI World Congress 2014 in Germany.

He enjoys spending at least the weekends with his three kids and his wife. Rolf wishes to have more time for hobbies like sailing.

Contact Rolf at

Dr. Rolf Claessen
Michalski · Hüttermann & Partner Patentanwaelte mbB
Speditionstraße 21
D-40221 Düsseldorf
Germany

Telephone: +49 211 159 249 0
Facsimile: +49 211 159 249 20
Email [email protected]

http://www.rolfclaessen.com


Legalese and Disclaimer

You have been watching a video by Rolf Claessen. The views expressed by the participants of this program are their own and do not represent the views of nor are they endorsed by their respective law firms. None of the content should be considered legal advice. This video should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents of this video are intended for general informational purposes only and you are urged to consult your own patent attorney on any specific legal questions. As always, consult a patent attorney.