Webinar on Patent litigation in Germany: specifics for national proceedings and a future prospect in light of the UPC

Venue

Online

Description

With the start of the UPC patentees will have the choice to litigate their European patents either before the UPC or before a national court. In this series of webinars the specifics of patent litigation before the national courts will be considered per country. In each webinar a specialist in the area of national and international litigation will highlight what procedural and substantial issues are specific for that country’s court proceedings and these will be put into relation with the proceedings that will be possible before the UPC. In that way a better choice can be made to either use the national court procedures or the UPC.

Germany is "the" hot spot for patent litigation in Europe where more than 60% of all European patent litigations are filed each year. The German system for patent litigation is decentralized and offers twelve specialized venues, the most important ones being Duesseldorf, Munich and Mannheim. Key features of the German patent litigation system are a bifurcation of infringement and validity proceedings, the so called "injunction gap" caused thereby, and quasi-automatic permanent and preliminary injunctions. An additional litigation tool is the German utility model which can be branched off from pending patent applications or patents which still are under opposition. The German system is known for being efficient, rather patentee friendly and offering meaningful relief within about a year of litigation at reasonable costs. German judges play a predominant role in the UPC, with Dr Klaus Grabinski presiding over the 1^st senate of the Court of Appeal as the president of the Court of Appeal. There will be four Local Divisions in Duesseldorf, Munich, Mannheim and Hamburg with two German national judges each. In addition, there will be the Munich Central Division. This webinar will discuss the key aspects of German patent litigation and explore the impact of the introduction of the UPC.

Tilman Müller-Stoy is widely recognized as a leading German patent litigator. Co-heading the European patent litigation group of BARDEHLE PAGENBERG, he cannot wait to become one of the pioneers at the upcoming European Unified Patent Court. With over 20 years of experience in IP, he has handled several hundreds of patent disputes (including entitlement proceedings) in courts and patent offices, with a focus on high-profile, multinational matters. He frequently takes on a coordinating role, acting as the European lead counsel, so clients benefit from his solid understanding of the laws and procedures of all relevant jurisdictions. Trained as a commercial mediator, Tilman also assists his clients in IP-related ADR proceedings, including national and international mediation and arbitration. Tilman is particularly sought after in SEP/FRAND matters, having in-depth knowledge of numerous standards and related industry practice including the underlying economics. He assists his clients not only in such litigation but also in avoiding or preparing for it – be it as lead negotiator be it as trusted advisor in the background. A significant part of Tilman’s daily work relates to technology transfer and corresponding aspects of antitrust law. He has vast experience not only in defending against, but also creating, evaluating, and enforcing major licensing programs, including compulsory licensing proceedings in the pharmaceutical area. His clients are large multinational corporations primarily headquartered in the US, Asia, and Europe as well as highly innovative SMEs that are hidden champions in their fields. Tilman frequently speaks at international IP conferences, has authored many peer-reviewed articles on patent litigation, is a board member of LESI, a honorary professor at Munich Technical University where he teaches patent law since 2008 and a member of the editorial board of EPLAW.

 Organised by

• epi Education department 

Target group

Level of expertise
Intermediate level

Medium
Online training

Technical requirements
In order to attend the on-line course participants need a computer with an internet browser and a high-speed broadband internet connection. For the webinar, epi uses Zoom. Security settings on local Firewalls need to be checked. In order to make full use of the webinar session, we recommend to use headsets.

To access to the webinar epi sends out a link and the guidelines for participants shortly before the webinar.

 Application and use of personal data

Please do not use capital letters when filling the online registration form. Please indicate only personal email addresses.

By registering for this event, you accept that all your personal data may be used by the epi and authorised third parties (e.g. EPO) to the extent necessary to provide services or content you have requested. Please note our leaflet on privacy policy regarding the processing of your personal data.  

Please note our "private policy" regarding the processing of your personal data.

Working language

• English

Contact

For further information, please contact Noreen Osterlehner ([email protected]).

Minimum number of participants

50*
*If the minimum number of participants was not reached by the registration deadline, the event will be cancelled. In this case the epi will inform you immediately.

Registration deadline

Registration is open until 11.07.2023 The order of receipt by epi will determine the attendance in case of over-subscription.