Nullity Actions

A holistic approach to German patent disputes
In Germany, the validity of a patent cannot be challenged in front of the court dealing with the question of infringement, but only by means of a nullity action with the Federal Patent Court or, if still admissible, in an opposition with the Patent Office. Whether challenging validity or needing to defend against a nullity action, it is a strategic advantage to be represented by attorneys qualified and experienced in the separate yet related parallel proceedings in the German patent litigation system, since coordination and coherence in argument are paramount to prevailing. The attorneys in Finnegan’s Munich office have vast experience in treating patent disputes holistically, wherever possible helping patentees avoid the risk of ending up with a valid patent that is no longer infringed or alleged infringers being convicted based on patents that are later revoked.