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.
Go further
Selected matters
Retail equipment: defending an infringement claim
Taking part in the defence of a retail company sued for infringement of a patent on a display fixture. Analysis of the claimed mechanical solution and the prior art, and preparation of arguments on inventive step and the scope of the patent.
Drones: patent infringement action
Assisting a drone manufacturer in a patent infringement action before the Paris Judicial Court. Preparation of the evidence measures, technical analysis, drafting of the pleadings on the merits and responses to procedural objections.
Further reading and publications
- The doctrine of equivalents in patent law: comparative approaches and key case law, analysis by the firm.
- Dhenne Avocats obtient gain de cause pour FISCHERWERKE, analysis by the firm.
- Droit des brevets (patent law treatise), LexisNexis, 2024.
Frequently asked questions
Does a difference in shape resolve infringement risk?
The starting point is the claims and the technical role of the difference. Product appearance does not replace an analysis of its means and operation.
How should evidence concerning a machine or assembly be prepared?
Drawings, components, instructions and, where necessary, tests enable comparison with the claims. Relevant versions and dates should be retained.
Why coordinate markets and courts?
The same equipment may be manufactured, sold and operated in several countries. Patent territories, alleged acts and available proceedings determine the strategy’s scope.