We know the law

In many cases, going to court is – objectively speaking – the only sensible solution. We have been representing our clients in infringement proceedings for decades. We enforce their IP rights in court or defend them against unjustified claims by third parties. Infringement proceedings almost always involve the law governing immunity from liability suits. In Germany, this takes place in parallel proceedings, particularly in the case of technical IP rights such as patents. This means that we frequently represent our clients before the Federal Patent Court, the Federal Court of Justice, and the Patent and Trademark Offices, and will add the Unified Patent Court (UPC) to this list in the future. Düsseldorf, where our law firm is based, has been Germany’s leading court location for patent infringement proceedings since the Federal Republic of Germany was founded. Proceedings led by COHAUSZ & FLORACK, for example in the field of entertainment and communication technology, have also played a part in this. Of course, we also represent our clients at all other German courts – be it concerning infringement of patents and utility models, infringement of trademarks or designs, contractual matters, or infringement of competition law.

We have particularly strong expertise in the enforcement of standard essential patents (SEPs) in what are known as “FRAND” proceedings. We have been instrumental in FRAND patent infringement proceedings based on SEPs from the very beginning. The holders of SEPs, for example for video compression and communication technology, have relied on our advice in complex proceedings against the users of their technologies for more than two decades.

We have successfully represented our clients as claimants against Apple, Samsung, Huawei, Lenovo, HTC, ZTE, Daimler, Dell, and TCL, among others.

In many cases, going to court is – objectively speaking – the only sensible solution. We have been representing our clients in infringement proceedings for decades. We enforce their IP rights in court or defend them against unjustified claims by third parties. Infringement proceedings almost always involve the law governing immunity from liability suits. In Germany, this takes place in parallel proceedings, particularly in the case of technical IP rights such as patents. This means that we frequently represent our clients before the Federal Patent Court, the Federal Court of Justice, and the Patent and Trademark Offices, and will add the Unified Patent Court (UPC) to this list in the future. Düsseldorf, where our law firm is based, has been Germany’s leading court location for patent infringement proceedings since the Federal Republic of Germany was founded. Proceedings led by COHAUSZ & FLORACK, for example in the field of entertainment and communication technology, have also played a part in this. Of course, we also represent our clients at all other German courts – be it concerning infringement of patents and utility models, infringement of trademarks or designs, contractual matters, or infringement of competition law.

We have particularly strong expertise in the enforcement of standard essential patents (SEPs) in what are known as “FRAND” proceedings. We have been instrumental in FRAND patent infringement proceedings based on SEPs from the very beginning. The holders of SEPs, for example for video compression and communication technology, have relied on our advice in complex proceedings against the users of their technologies for more than two decades.

We have successfully represented our clients as claimants against Apple, Samsung, Huawei, Lenovo, HTC, ZTE, Daimler, Dell, and TCL, among others.

If only we knew in advance of a trial what our chances of success are and whether our arguments will be enough ... COHAUSZ & FLORACK would be happy to put your trial to the test. In a mock trial or early evaluation, we prepare you for your trial, test the facts, theories, graphics, or witnesses for your case with you, and in doing so assess your chances of success. We also run through the possible arguments of the assessor or your opponent.

You have the entire COHAUSZ & FLORACK IP team at your disposal for this service – including renowned former judges if required: as long-standing experts in IP litigation, they will show you exactly how your case might be decided.

Mock trials and early evaluations are useful for all types of IP litigation: infringement, invalidity, or opposition proceedings for patents as well as infringement, cancellation, or opposition proceedings for trademarks. In our research and preparation, we adapt to suit your individual needs. This means that the scope and complexity of a mock trial or an early evaluation depend entirely on your case and your specific questions. You are very welcome to visit our office for these services, or we would be happy to come to your company or any other location of your choice.

By the way, there is a long tradition of litigation expertise at our firm: our founder Werner Cohausz was active in high-stakes patent infringement suits almost 100 years ago, paving the way for COHAUSZ & FLORACK early on and ensuring that litigation became one of the firm’s specialties.

Use our mock trial and early evaluation services – and assess your chances of success!

Many companies that are dependent on the success of their innovations know the situation: the constant worry that counterfeits of their products may be in circulation. Unfortunately, this fear is often justified. According to the Federation of German Chambers of Industry and Commerce (DIHK), counterfeiting is taking on ever more drastic proportions. In 2013, the organization estimated the damage to the German economy at more than 50 billion Euros annually. And closely connected to the loss of revenue is also the loss of valuable employees - without which innovations would not be possible in the first place. Not to mention the damage to a company’s image caused by inferior counterfeit products. Theregistration of property rights is a prerequisite to being able to assert your own claims in the first place. And we’ll gladly support you in doing so! Which also applies for other measures to combat the counterfeiting of your products effectively.

Find out more in our CFUpdate: Intellectual property rights at trade fairs.

If you suspect that your property rights have been violated through counterfeiting, you should quickly contact investigators, attorneys, and authorities in the country from which the counterfeits allegedly come. The more evidence you are able to gather, the better. Import and export control at customs are particularly effective in the fight against international counterfeiting. This is where goods that violate the property rights of others can be confiscated at the outer borders of the EU or Germany. Anyone who wants to use this procedure, can apply for a so-called “border seizure” at the Industrial Property Rights Department of German Customs Authorities in Munich.  Together with this application you also have the possibility of providing training for the customs officers in order to give them deeper insights into your own products and potential counterfeiting.