In the global business world the line between licensing and litigation has narrowed. In the US, sending a simple warning letter to a potential licensee can quickly lead to a declaratory judgment lawsuit. A licensee can sue the licensor without breaching the license. Given the high cost of patent infringement litigation, infringers can demand that a patent owner demonstrate willingness to litigate before negotiating a license. German patent owners pursuing licensing revenue in the US must be prepared to litigate, both in view of the legal requirements and the much higher cost compared to litigating in Germany.
Licensing negotiation strategies
Managing inventorship issues including employee inventor laws
Risk of declaratory judgment lawsuit
Litigation in the U.S. and Germany/EU – current developments
Discovery issues
Working with co-owners in litigation situations
Handling multiple infringers
Speakers:
Dr. Rouget F. (“Ric”) Henschel (U.S. Patent Attorney member of Virginia and District of Columbia Bars), Foley & Lardner
Dr. Markus Jacobi (German and European Patent and Trademark Attorney) Isenbruck
Sven Riethmueller (Attorney, member of New York and Massachusetts Bars), Foley & Lardner
Dr. Daniel Weisert (Rechtsanwalt), Rittershaus
Related Insights
23 May 2025
Tariff & International Trade Resource
Oscar the Grouchy CCO
This Memorial Day marks 35 years since Jim Henson, creator of the Muppets, passed away. Among his many accomplishments, the Muppets were essential to the creation of the longest-running children’s television show, “Sesame Street,” which has been airing for over 55 years.
03 June 2025
Events
FO PRO: ALIGN: Connecting the Family and the Family Office
Foley partner, Nate Imfeld, and senior counsel, Nicholas Chamis, will be speaking at the upcoming ALIGN Conference, hosted by Family Business Magazine in Chicago, Illinois. They will be hosting the breakout session, Sports Teams, AI, Bitcoin and More.
04 June 2025
Events
Health Care Organizations: Reduce Cybersecurity Threats
Foley partner Jennifer Urban, chair of the firm’s Cybersecurity & Data Privacy Area of Focus, is speaking in Moss Adams’ upcoming webinar titled “Health Care Organizations: Reduce Cybersecurity Threats” on June 4.