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Patent litigation - proceedings in Germany

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Thomas Kühnen

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The English translation of the leading handbook on patent infringement by Judge Kühnen, 7th edition, 2014, ISBN 978-3-452-28156-2, was published in August 2014. This book provides a comprehensive discussion of German case law in patent litigation, serving as an essential resource for practitioners facing legal questions in this area. German patent litigation courts are gaining international recognition due to their swift decisions and predictable outcomes at reasonable costs. Notable disputes in the mobile phone and smartphone sectors exemplify this trend. In Düsseldorf, Germany's primary jurisdiction for infringement actions, around 60% of cases involve non-German parties as plaintiffs or defendants. As they prepare for litigation, non-German clients seek detailed information from their counsels about German practices, including costs and expected timelines, particularly for significant lawsuits affecting their market positions. Pre-trial consultations often necessitate discussions on German substantive and procedural laws. Throughout the proceedings, ongoing information needs arise, especially for non-German clients who must understand the German patent litigation process to assess their chances and risks effectively. The publication of this English edition aims to enhance accessibility to the German patent infringement system for non-German clients, addressing the language barrier that typically hinders understanding.