Intelligence

Re-establishment of rights (R. 320.1 RoP) requires showing that appeal deadlines were missed despite all due care due to reasons beyond control.

Digital simulations cannot replace direct examination of the attacked products to prove non-infringement

The Court confirmed its broad case-management discretion to prevent additional written submissions at a late stage, consistent with the RoP’s objective of efficient, front-loaded proceedings. An appellant’s request to disregard a witness statement and related submissions as late-filed, or alternatively to obtain leave for a further written submission, was dismissed.

Even if the defendant has filed the counterclaim for revocation only conditionally, the defendant may still file an appeal

The European Patent Office's Technical Board of Appeal examined whether a medical intervention control system using AI and expanded datasets could be patented, focusing on whether data analysis that assists physicians constitutes a technical effect or merely an intellectual activity.

The German Federal Court of Justice has delivered a landmark ruling in the decades-long "Metall auf Metall" litigation, applying the EU Court of Justice's framework to determine whether unauthorized music sampling can qualify as lawful "pastiche" under copyright law. The decision examines whether a two-second rhythm sequence from Kraftwerk's 1977 recording, used repeatedly in a 1997 song, constitutes permissible artistic dialogue or copyright infringement.