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Patent Litigation
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Maria Athanassiadou

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+30 21*****
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Arno Riße

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+49 21*****
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Alban Kang

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+65 65*****
Alban Kang
Bird & Bird ATMD LLP

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What is covered under Patent Litigation Legal Practice?

Patent Litigation legal practice involves guiding clients through disputes related to patents, whether they’re defending against infringement claims or enforcing their own patent rights. Lawyers in this area help investigate potential violations, develop legal strategies, and manage all stages of the litigation process—from filing lawsuits to representing clients in court or negotiations. With the complexity of patent law and technology, these lawyers combine deep legal and technical knowledge to protect their clients’ valuable intellectual property and strive for effective resolutions, whether through settlement or trial.

Patent Litigation FAQ's

Patent litigation is the legal process used to settle disputes over patent rights. It commonly arises when one party accuses another of using a patented invention without permission or when the validity of a patent is challenged. These disputes can be resolved through court proceedings or negotiations, with the primary goal of protecting intellectual property by enforcing rights or addressing contested claims.

Patent litigation typically starts when one party files a lawsuit alleging infringement or disputes the validity of a patent. Both sides gather evidence and share information, often involving expert opinions to explain technical details. Many cases try to reach a settlement, but if not, the matter proceeds to trial, where a judge or jury will make a decision. Sometimes, the case can continue through appeals after the trial.

Patent litigation often takes one to three years or longer, depending on the case’s complexity and the court’s schedule. The process includes several stages: filing the initial complaint, discovery where both parties share evidence, pre-trial motions, trial, and sometimes appeals. Each phase requires time, so careful planning and patience are essential throughout the journey.

People often turn to patent litigation when there are claims of unauthorized use or copying of an invention. Other common reasons include disputes over who owns the patent, challenges that a patent isn’t valid, breaking terms of licensing agreements, or attempts to stop competitors from using patented technology. Such disputes commonly arise in industries where innovation is critical.

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