Introduction
Intellectual property (IP) rights give you the exclusive power to use, produce, and profit from your inventions,
brands, and creative works. When someone uses those assets without permission, you may need to act.
IP litigation is the process of resolving such disputes—whether through a court case or alternative
methods like arbitration or mediation.
What you'll find here:
- How IP litigation works for patents, trademarks, and industrial designs
- Steps to prepare evidence and work with your IP attorney
- International perspectives: U.S. vs. EU litigation, and global treaties like TRIPS
- Alternatives to court action, including mediation and arbitration
- Notable case studies and lessons for startups and established companies: what can you learn from tehm?
Whether you're safeguarding a groundbreaking patent, defending a valuable brand, or challenging a competitor's claim,
understanding the litigation landscape is essential.
Below you'll find expert guidance and practical insights to help you decide when to negotiate,
when to litigate, and how to protect your intellectual property effectively across borders.
Why should you apply for a patent? How does the process work, and when are you eligible to file?
More importantly, are there situations where seeking a patent might not be the best choice?
Imagine this: you've developed a breakthrough idea or even turned it into a tangible invention.
Now you're considering how to monetize your innovation—whether by launching your own business or licensing the technology to others.
Before moving forward, it's important to understand that the primary motivation behind obtaining a patent is financial gain.
A patent gives you the exclusive right to profit from your invention and, if necessary, to enforce those rights
through legal action if someone infringes on them.
This potential need for enforcement—often referred to as intellectual property litigation—means understanding the patent process
is not only about protection and licensing opportunities, but also about preparing for possible disputes over your rights.
Intellectual property litigation is the legal process of enforcing your rights when someone
infringes on your patent, trademark, copyright, or design.
Whether you're defending a valuable invention or challenging a competitor,
understanding how litigation works can help you make informed decisions and protect your business.
The longstanding dispute between Apple and the medical technology company Masimo
over a potential infringement by Apple on a Masimo patent, claiming that the patented technology is being used
in Apple Watches without permission. Why are these companies engaged in such a significant litigation process involving
their patents? It's expected that these watches, capable of measuring vital functions at home, will play a
crucial role in monitoring one's health without the need for a doctor and automatically transmitting medical
data to, for instance, a local healthcare center or a hospital. This kind of technology is anticipated to be
highly significant in the shift toward an enormous market...
Theo Tempels, a private inventor with no company behind him, had to enter the litigation process several times to defend
his patent on the rusk notch against large corporations. These companies repeatedly challenged the validity and inventive
step of his patent in an effort to use the notch in their own products. Despite the imbalance in resources, the courts
consistently ruled in Tempels' favor, confirming both the originality of his invention and his exclusive rights.
What started as a hugely successful collaboration between Philips and Douwe Egberts to revolutionize home coffee brewing
with the Senseo system eventually led to costly intellectual property litigation.
Although the companies were not fighting each other, they became involved in extensive legal proceedings and oppositions
before the European Patent Office when their attempt to patent the coffee pad design was challenged.
The EPO ultimately revoked the patent for lack of novelty and inventive step, illustrating that even major corporations
can face complex litigation risks when seeking patent protection.
