Those 5 Claims Threaten Patent Infringers

von Dr. Meyer-Dulheuer & Partners LLP

Anybody who received a warning letter due to the infringement of a European patent is threatened by serious consequences. In the worst case it may even happen that you get imprisoned. Indeed this is the last means which is used against patent infringers. And if you react to previous claims in an adequate manner and with the help of professionals, worse consequences may be prevented. We portray five claims which right holders may enforce against patent infringers according to patent law.

1. Injunctive Relief

The patent holder has an injunctive relief against infringers of his patent. This means that he is entitled to claim that infringers desist the illegitimate action (the action of infringing the patent of the right holder). The injunctive relief is first asserted extrajudicially, for instance with a reprimand or a warning letter:

  • An admonishment is only used in terms of minor infringements. The patent holder asks the patent infringer just to stop the illegitimate action (the patent infringement) immediately. In addition to that he warns about the further legal consequences which might occur when you don’t oblige to fulfill the demands.
  • In a warning letter the right holder asks the patent infringer to stop the illegitimate action. Often there is a cease and desist declaration which determines that a renewed infringement in the future results in a contractual penalty except the normal consequences. It is not a good idea to sign this explanation and to return it directly without lawyerly consultation. A patent attorney might help to reduce the arising costs and to lead the following consequences into a less risky direction. And maybe there are still other alternatives?

If the patent infringer doesn’t agree to the attempt of the right holder to enforce the injunctive relief extrajudicially, legal enforcement might follow ...

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