Legal Expertise

Patent infringement and nullity proceedings

Patents and utility models grant the owner the right to prohibit third parties from making unauthorized use of the protected invention. However, the owner himself must ensure that his limited monopoly right is enforced. 


Since the founding of the law firm Wallinger Ricker Schlotter Tostmann, one of the focal points of our advice and representation has been in the area of patent infringement and the conduct of legal proceedings.

Expertise

Our attorneys have extensive experience in enforcing technical intellectual property rights, particularly patent rights, as well as defending against allegations of infringement. 

Our expertise includes, but is not limited to, the following areas:

Patent infringement and nullity proceedings
In close cooperation between our patent attorneys and attorneys-at-law, all measures in the infringement proceedings and the nullity proceedings, which are usually initiated in parallel, are efficiently and comprehensively coordinated. 

Preliminary injunction proceedings...
...enable a provisional, immediately-enforceable court decision. They are mainly issued to enforce injunctions and inspections which are urgent and whose decision cannot be postponed. In order to prevent unjustified applications for preliminary injunctions without hearing the party concerned, we prepare and file protective pleadings with the courts in advance.  

Evidence investigation and inspection proceedings
Often, the patent owner does not have all the information necessary to fully prove a patent infringement. With the help of a court inspection order, WR determines the relevant evidence - also abroad with the help of our international network of attorneys. 

Drafting and filing protective letters
In order to prevent unjustified applications for interim injunctions without hearing the person concerned, we file protective writs with the courts in advance.  

Urgent enforcement at trade fairs, etc.
In the context of trade fairs, our attorneys support you in the effective enforcement of property rights against unauthorized use by competitors, in particular for the preservation of evidence, documentation, warning letters, applications for injunctions, as well as border seizure applications. We also help you to secure your rights to the invention and the patent with interim court orders.    

Border seizures, esp. applications for protection 
As part of a comprehensive IP strategy, WR's attorneys work with an extensive international network of attorneys. In cooperation with foreign law firms specializing in IP, we enable effective enforcement of your IP rights in Europe and internationally. In doing so, we coordinate parallel infringement proceedings pending abroad, as well as measures for the determination of evidence.  

Cross-border enforcement of IP rights
As part of a comprehensive IP strategy, WR's attorneys work with law firms abroad to enforce your IP rights in other European or international countries. 

Further key services

  • Coordination and support of internationally pending proceedings    
  • Expert opinions, in particular infringement opinions in the run-up to disputes, validity opinions, freedom-to-operate analyses (FTO), evaluation of circumvention solutions, warning letters  
  • Strategic advice
  • Representation and advice in court proceedings in all instances*

 

*Legal advice and representation by WR is limited to all matters concerning the territory of the Federal Republic of Germany. In appeal proceedings before the Federal Supreme Court, representation is provided by an external attorney admitted to the Federal Supreme Court; WR's patent attorneys and attorneys-at-law cooperate in these proceedings. 


Concept

Our patent attorneys and attorneys-at-law work together as a team and appear jointly in court. The combination of technical expertise and litigation experience enables us to develop individual strategies for the enforcement of patents and utility models, as well as the defense against unjustified infringement claims. 

The firm's maxim is always to look for individual solutions, even when they are off the beaten track. For us, this includes questioning and analyzing existing case law and legal opinions. Our lawyers regularly successfully convince opponents as well as courts of new legal approaches. 

Critical analysis of case law and knowledge of the views of judges of various patent (litigation) chambers and senates is a decisive factor in our success in litigation.

Our attorneys are familiar with the procedural options for enforcing intellectual property rights, as well as the strategies for effective defense. They provide support in the concrete planning and implementation of evidence gathering, also involving investigative service providers.

It goes without saying that we take into account the economic situation and the interests of our clients, as well as those of the opposing parties.