We provide straw man litigation services.
There are numerous reasons why you do not want to be identified as the party trying to invalidate a patent or, more generally, take legal action against a party on behalf of the interested party to conceal the true identity. The most common is to avoid being countersued for infringement. In EPO opposition proceedings a straw person’s action allows a European patent to be challenged by proxy without the real challenger’s identity becoming known to the patentee.
From the EPO website:
With regard to the question of whether an opposition is inadmissible if the opponent is a “straw man” acting for some other person, the Enlarged Board of Appeal clarified in G 3/97 and G 4/97 (OJ 1999, 245 and 270) that the opponent is the person who fulfils the requirements of Art. 99(1) in conjunction with Art. 100 EPC, R. 55 and 56(1) EPC 1973 (R. 76 and 77(1) EPC). Filing the opposition renders this person formally the legitimate opponent. The fact that the opponent is acting on behalf of a third party does not render the opposition inadmissible. It is however inadmissible if the opponent’s involvement is to be regarded as circumventing the law by abuse of due process.
We provide these services. For more information and the conditions for such a strawman appearance in court, contact us