This article offers a rough overview of the relevant German patent litigation frameworks, as an aid for US Counsel dealing with matters in which the topic of patent litigation in Germany arises.

For lawyers dealing with matters in which the topic of patent litigation in Germany arises, this guide offers a rough overview of the relevant frameworks.

1. Strategic Considerations for Selecting a Forum

In Europe, patent enforcement poses immediate strategic choices. Different countries may be selected for an enforcement venue. Parallel enforcement actions may be brought in different European countries simultaneously, or a single jurisdiction may be selected in view of obtaining a favorable Europe-wide, or even worldwide, settlement. There are multiple reasons for litigants to choose Germany as their jurisdiction...