Do you have to defend yourself against the accusation of a utility model infringement?
Have you been warned, accused of a utility model infringement or had an interim injunction or infringement action filed against you?
We can show you how to make the best of the situation. Together, we analyze the facts and the legal issues and then we provide you with the information you need to make decisions and defend your interests swiftly.
We first focus on assessing the realization of the features of your product protected by the utility model. We also analyze the validity of the utility model and possible grounds for Revoking a Utility Model. In view of the uncertainty of validity, courts involved may often see the utility model as impossible to enforce, especially by way of interim injunction.
Depending on the results of the assessment, we offer various defensive measures. Just as the other side has an array of options, such as an amicable authorization query, a utility model warning letter, a complaint, or an interim injunction, so do you have various options for reacting which we would be happy to discuss with you. In response to a warning letter, for example, we can demonstrate that features claimed by the utility model are not being used. We can also draw attention to the invalidity of the utility model or file a request for revoking the utility model.
If there is good reason to believe that the owner of the utility model will apply for an interim injunction, we can draw up protective letters summarizing arguments in your defense and submit these to the court or the Central Protective Brief Registry (zentrales Schutzschriftenregister ZSR).
A further alternative is to enter into licensing negotiations with the owner of the utility model.
Naturally, any defense strategy will be taken in accordance with your wishes. We will fully support you whether you decide to submit as cost efficiently as possible, find a workaround, obtain a license or defend yourself.
Measures will vary depending upon the probability of utility model infringement, validity, and the nature of the accusation of utility model infringement.