What type of patent infringement cases are heard in Germany? This article will explain.

The courts that hear patent infringement cases in German district courts are usually composed of three or fewer professional judges with a legal background, whether in patent infringement proceedings dealing with substantive issues or in provisional injunction proceedings. In contrast, the Federal Patent Court hears patent invalidation proceedings with five judges, three of whom have technical backgrounds. No jury was used in any of these proceedings or proceedings.

In patent infringement litigation involving substantive issues, the parties need to submit various litigation documents before the trial, including detailed statements of facts, evidence and legal arguments. The trial usually lasts several hours and the presiding judge plays an active role in the proceedings.

In an interim injunction proceeding, the court hearing the infringement case may grant an ex parte injunction within hours or days of filing the petition, if the circumstances are urgent. However, the court will generally schedule a hearing within a short period of time, allowing the parties to file their legal documents before the hearing.

The most important evidence in patent litigation is documentary evidence and expert evidence. Expert evidence is provided by a neutral expert appointed by the court in accordance with the instructions of the court. Often in cases where the courts lack the necessary technical expertise, expert evidence is provided to determine whether the allegedly infringing product embodies the elements of the claims being contested. In addition to neutral court-appointed experts, it is more common for parties to submit the opinions of their respective appointed experts, including reports on relevant experiments.

The court has the power to decide whether to hear witnesses, but usually does not. In proceedings dealing with substantive issues, witnesses testify at the scene and are primarily questioned by the court. A client's lawyer may also question witnesses, but this is generally not the case due to cross-examination.

Affidavits are admissible only in interim injunction proceedings.