Patent litigation in France

Obtaining evidence of infringement

In France, we have since many years, an extremely effective and quick ex parte procedure (called “saisie-contrefaçon” or “infringement seizure”) allowing a bailiff, accompanied by a patent attorney representing the plaintiff, to inspect the premises of the alleged infringer make a detailed description of the alleged infringing products or methods and seize any document, sample, manufacturing schemes and drawings relating to the alleged infringement. During the same operation, accounting and commercial documents can also be seized to sustain a claim for damages. (for more information about the “saisie-contrefaçon" click here).

For such an infringement seizure:

• - we study in detail the technical scope of the patent
• - we prepare a draft description of the alleged infringement
• - we search for any information relating to the premises which are to be inspected
• - we carefully check the identity of the owner of the premises which are to be inspected
• - we prepare the request for authorization
• - we present and argue the request before the judge for obtaining the authorization
• - we assist the bailiff and police forces, if necessary, during the infringement seizure so that all necessary evidence of the infringement is accurately and sufficiently documented.

We organize the handling of confidential information obtained during the seizure to safeguard confidentiality and avoid the risk of damages for violation of confidentiality.

Court procedure

• - we carefully prepare the technical and legal aspects of the briefs presented to the court
• - we appoint independent laboratories if it is necessary to conduct technical experiments
• - we prepare explanatory drawings, demonstration models and video presentations for the court

Our combined prosecution and litigation experience, our extensive knowledge of the civil and criminal procedure, our knowledge of and access to sophisticated databases (French courts, ECJ, EPO) and our creative and pragmatic approach guarantees that our clients interests will be defended efficiently and successfully. (for more information about the Court procedure click here).

Transborder patent litigations

We coordinate litigations engaged before the courts of different European countries. In such a situation, we work with carefully chosen associate firms in the various countries of the European Union.