patent litigation – cost issue

according to german procedural law, the losing party must pay the winner’s costs.

however, only standardized attorney fees and court costs can be recovered.

overall, an average first instance patent infringement suit costs between 50.000 to 150.000 euros.

impact of pending epo opposition proceedings

separate proceedings on validity at the epo or federal patent court / munich.

validity is not a defense in infringement suits; but infringement court may grant a stay.

stay is an exception, because there is an presumption of validity of the patent.

decision to stay is in the discretion of the court.

stay requires that an invalidity action has been filed based on new novelty-destroying prior art.

opposition/invalidity proceedings can be filed by third party.