Counterfeiting: prepare your case and anticipate the risks

In order to be successful, a claim for damages against an alleged infringer of a patent must comply with a whole series of conditions, in addition to the pleas that may be raised in defense, and in particular :

• absence of proof of infringement or associated damage;

• invalidation of the patent on the basis of which the infringement action is brought.

The purpose of this fact sheet is to explain the key conditions for admissibility and acceptance of an infringement action, as well as the legal instruments available to the plaintiff to take advantage of and thus limit the risks of rejection of his claim.