Patent litigation in mechanical engineering and industry
In mechanical engineering, infringement is sometimes visible, but it is always contested. Disputes turn on claim interpretation, equivalence and the prior art, in sectors where competing products naturally resemble one another.
Issues specific to the sector
Equivalence lies at the heart of the debate. Under French law, infringement by equivalence requires a means of different form performing the same function for a result of the same kind, that function having to be new. The Unified Patent Court is developing its own method, and the gap between the two approaches can weigh on the choice of forum.
Products are often available on the market, in catalogues or at trade fairs. Saisie-contrefaçon nonetheless remains decisive in establishing the extent of infringement, quantities and the origin of the products, which drive the assessment of damages and the infringing mass.
Industrial disputes frequently intersect with other rights: designs, trade secrets, employee inventions, supply or licence agreements.
How we act
- Infringement and nullity actions, for claimants and defendants, before the Paris Judicial Court and the Unified Patent Court.
- Saisies-contrefaçon, including at trade fairs, and customs detention.
- Assessment and recovery of damages.
- Disputes over know-how and employee inventions.
Is a competitor copying your technical solution? Let us discuss it.