In recent years there has been a substantial increase in patent lawsuits heard before the German courts. Many of these have been instigated by plaintiffs from the US, the UK and other European countries and it is not unusual for the defendant party to also be non-German. In fact, the German patent courts in general, and the patent-specialised District Court of Duesseldorf in particular, are Europe’s most frequented patent venue, with some 500 to 600 cases being tried in Duesseldorf every year.
This is partly due to the speed with which disputes can be settled through these courts. First instance cases can be expected to take less than one year until a decision is rendered. Preliminary injunctions may be granted within days and without a hearing, if infringement and validity of the patent are demonstrably clear and the case is urgent.
