Patent Litigation Update Germany – 1/2021

In our latest edition of the Patent Litigation Update, we summarize important recent court decisions on patent law in Germany.

This edition discusses two recent referrals from the German courts to the CJEU, one on the validity requirements for preliminary injunctions based on patent infringement and the other in relation to important FRAND licensing requirements. Updates on the procedural side include potential limitations for asserting patents in multiple litigations and requirements for challenging patents after they have expired. Lastly, more on what happens if attorneys send “unsolicited” closing letters to the counterparty.