Litigation in Germany
Germany plays a central role in European patent litigation. With its specialist courts, experienced judges and efficient procedures, Germany offers a fast, effective route to enforce or defend patent rights, often with the possibility of powerful injunctions. For international clients, German litigation is a strategic tool for protecting innovation and securing commercial advantage across Europe.
"EIP is an exceptional firm for patent litigation. The team are incredibly experienced, with an impressive depth of technical knowledge. They continually impress through their professionalism, strategic foresight and flawless execution."
Based in Düsseldorf, our lawyers are experienced in high-value patent disputes in the electronics, telecoms, automotive, medtech and biotech space. We regularly act for both patentees and defendants, including standard-essential patent (SEP) holders in FRAND disputes, and handle actions before German national courts as well as the Unified Patent Court (UPC).
Our German litigation practice is ranked in JUVE, IAM Patent 1000, Legal 500 Deutschland and IP Stars. We are recognized for our technical depth and strategic approach.
Case Study
How Datang won a landmark SEP injunction against Samsung in Germany
We worked with Datang to secure a decisive victory in its patent dispute with Samsung, resulting in an injunction being awarded on Samsung’s 4G-capable mobile devices in Germany. The Munich Regional Court found that Samsung had infringed Datang’s SEPs for connecting mobile phones to TDD radio cells in 4G networks and ruled Samsung to be an unwilling licensee. The court rejected Samsung’s FRAND defense and competition law counterclaim, setting a strong precedent for SEP enforcement in Germany.
This result demonstrates Germany’s effectiveness as a forum for patent holders seeking robust enforcement, including automatic injunctions. Our strategic approach and technical expertise delivers commercial results, reinforcing the value of German litigation for SEP owners and attracting attention across the global IP community.
Our Team
Our litigation specialists combine deep technical knowledge with commercial awareness to advise clients on contentious matters with clarity and confidence. We’re proud to be a multi-award-winning practice that delivers results.
How we work
Integrated teams, seamless service
Our litigators work side-by-side with our patent attorneys, combining legal and technical expertise to deliver robust, commercially focused strategies. This integrated approach means we can handle complex, multi-jurisdictional cases efficiently and effectively, providing clients with a single point of contact for all their European litigation needs.
Opposition and appeal proceedings
We are highly experienced in opposition and appeal proceedings before the European Patent Office (EPO). Our in-house search team uses proprietary software to provide vital validity assessments, supporting litigation with detailed, well-researched analyses.
UPC litigation powerhouse
Through our specialist UPC litigation initiative, Uniphy, with almost 40 UPC Representatives, we deliver coordinated litigation across major UPC jurisdictions, offering a powerful pan-European litigation service.
The latest in the Newsroom
The UPC Newsletter
Get expert insights and the top patent stories delivered straight to your inbox.