390 results found

Die Entscheidung des Oberlandesgerichts Düsseldorf betrifft die Auslegung eines Patentanspruchs bei objektiv unzutreffenden, den Patentanspruch einschränkenden, Angaben zum Stand der Technik in der Patentbeschreibung.

The Appellant argued that a translation of a Korean prior art document filed by the Respondent in first instance was incorrect and at best inaccurate and filed own translations on appeal.

Evidence preservation can secure proof of specific acts of infringement, e.g. use, import, or offering for sale (Art. 60 UPCA, R. 192 ff. RoP)...

The Munich Higher Regional Court has adopted a controversial new approach to standard essential patent (SEP) disputes.

In its judgment of 25 July 2018 in Case C-129/17, Mitsubishi Shoji Kaisha Ltd v. Duma Forklifts, the Court of Justice of the European Union (CJEU) ruled that the removal of the mark from imported original goods and the application of marks of the importer constitutes trademark infringement.

The coalition's agreement of June 20, 2016 heralds the provisional end of a reform pro-cess that has lasted more than 18 months.

On November 12, 2024, The Hague Court of Appeal found in the case Millieudefensie vs. Shell that the Shell Group has an obligation to counter dangerous climate change.

On 4 July 2017, the German Federal Court of Justice (BGH)—in two separate cases—held that pre-formulated agreements on work fees that are payable independent from the term of the underlying loan...

According to case-law, only R. 262A RoP allows the Court to restrict the use of confidential information by the opposing party and its representatives. A request under R. 262.2 RoP that certain information of written...

The number of US attorneys authorized to access confidential information shall not be greater than necessary in order to ensure compliance with the right of both Appellant and Respondents to an effective remedy...

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

The same was said to apply with regard to the determination of the amount of the Plaintiff's non-material share in the patents.

In February 2023, the German Federal Ministry of Justice introduced a first draft bill to enact the European Parliament and Council's Directive (EU) 2020/1828 of 25 November 2020...

The Court apportions costs based on the degree of success, considering equity and the reasonableness of the parties' positions

Im vorliegenden Urteil stellte der BGH fest, dass Verkäufe, die vollständig im Ausland erfolgen, unter bestimmten Umständen eine Patentverletzung in Deutschland ...

The unitary patent system and the Unified Patent Court (UPC), launched on the 1 of June 2023. This has marked a significant milestone in European patent law...

This ensures that the decision will be taken by the judge-rapporteur, who is familiar with the case file.

Claimants need only plead sufficient facts for jurisdiction; citing the correct legal provision is not required (R. 13.1(i) RoP).