"Legal context. Due to the bifurcation of nullity and infringement proceedings in Germany, the infringement issue there is often resolved quickly.Non-subscribers can read this article by clicking here and scrolling down to "Purchase Short-Term Access". Articles in JIPLP are first published online, normally several weeks ahead of the printed version.
Key points. This applies in particular as compared to other member states of the European Union. However, the various German first instance courts differ in the way cases are managed and in the average duration until judgment.
Practical significance. This article aims to provide insight into the three most important district courts dealing with patent litigation, thereby alerting the reader to what may be central issues in choosing a venue when litigating patents in Germany".
Thursday, 17 November 2011
Germany: bifurcation and best-buys
The Journal of Intellectual Property Law and Practice (JIPLP) published online earlier this week, for the benefit of subscribers to its electronic version, an article by Jochen Herr and Marc Grunwald (both of Field Fisher Waterhouse) entitled "Speedy patent infringement proceedings in Germany: pros and cons of the go-to courts". According to the abstract: