We appear before all the specialized courts in Germany, especially the patent litigation chambers of the Disrict Courts of Düsseldorf, Mannheim, Munich, and Hamburg as well as the patent litigation senates of the Düsseldorf, Karlsruhe, Munich, and Hamburg Courts of Appeals, furthermore in all other important German Courts in first and second instance, e.g. the District Courts and Courts of Appeal of Cologne, Frankfurt etc. In unfair competition and trademark infringement cases, too, we appear before all national courts, particularly the specialized civil and commercial chambers of the courts mentioned before. Moreover, we often accompany the lawyers admitted exclusively to the Federal Supreme Court in revision (appeal on grounds of law) proceedings before this court.

Moreover, we conduct e.g. proceedings in antitrust and public procurement matters as well as proceedings in legal matters relating to food and drugs with the relevant authorities and Courts.

In proceedings dealing with infringement of protective rights or unfair competition, the main subject mostly is a claim for forbearance, such as to cease and desist from the distribution of an infringing product, from using an infringing trademark or internet domain or from continuing to publish a misleading advertising slogan. Additionally, claims for information and accounting to the extent of the infringement as well as claims for damages play a role.

Preliminary injunctions are of great importance. In unfair competition and trademark cases, injunctive relief is very common and often leads to a quick settlement of a case. In patent infringement cases, preliminary injunctions are much more difficult to obtain but can be a most valuable - and dangerous - instrument for the patentee. Quick and precise action is essential, as most courts allow only a short term for filing the action after the plaintiff has learned of the infringement.


In preparation of the lawsuit or the defence of a suit respectively, the facts of the matter have to be cleared at first, whereby especially the protective right in question has to be analysed and the infringing embodiment has to be accurately examined. The economic target, the possible risk and the tactics to be applied should be agreed upon between all parties involved before entering the litigation, whereby the attorney is in charge of advising.


In conducting the litigation, the own party's position is to be put forward in briefs which are to be formulated as effective as possible. All essential briefs and motions are discussed with the clients and the participating patent before we file them. The oral hearing plays an important role in intellectual property cases; quite often, it comes to detailed argumentation and discussions. Taking evidence requests a special degree of diligence and knowledge in the relevant field, particularly if expert opinions are assessed or experts are examined before Court.


Upon receipt of the Court's decision, the latter has to be analysed with regard to its strategic and tactic significance and and the adversary's - or the own party's - chances to appeal. Furthermore, the winning party will conduct the fixing of costs (for reimbursement of the expenses incurred by the opposing party) and possibly the execution of the judgment.


In each stage of the proceedings, negotiations may be conducted in order to reach an out-of-court agreement or a settlement agreement to be recorded by the court, if this seems appropriate.