390 results found

Der Bundesgerichtshof knüpft an seine Rechtsprechung in den Entscheidungen „Flügelradzähler" und „Palettenbehälter II" an und stellt dabei klar, dass für die Abgrenzung zwischen ...

In two parallel infringement proceedings that had been terminated before a decision on the merits was rendered, a law firm applied for access to the parties’ written submissions under R. 262.1(b) RoP, citing educational and advisory purposes. The judge-rapporteur of the Munich LD granted access subject to redactions of confidential information.

A common situation in patent litigation is that a patent has (allegedly) been assigned from one legal entity (assignor) to another (assignee) and that the assignee asserts the patent before being entered as proprietor into the register.

Bei der Beurteilung, wann die Zuerkennung eines Ausgleichsanspruchs dem Gebot der materiellen Gerechtigkeit entspricht, sind auch die Gründe zu berücksichtigen ...

"Same party" is a strict concept. Parent and subsidiary are normally distinct parties, even with 100% shareholding or strong control. They are only treated as one if their interests are so identical that a decision...

The Court's jurisdiction extends to acts of infringement before the UPCA's entry into force, provided the patent is within the UPC's competence at the time of action

In its judgment, the German Federal Court of Justice dismisses the appeal of the patent proprietor and also substantially follows the German Federal Patent Court with respect to the grounds for its decision.

The ECJ on the interpretation in line with European Law of the legal validity of a patent-in-suit – a game changer in proceedings for a preliminary injunction due to patent infringement in Germany?

Inventive Step: Starting Points Evaluated as a Whole and Strict Thresholds for Combinations (Art. 56 EPC)

Means-plus-function features must be understood as any feature suitable for carrying out the function (headnote 1, para. 47).

This appeal concerns the decision of the Opposition Division rejecting the opposition against European patent EP 2 626 911. Its claim 1 specifies a material that is suitable for encapsulating a solar

One of the requirements will be to enter into a joint-controller data protection agreement with Facebook.

Lawyers at A&O Shearman analyze the Unified Patent Court's evolving long-arm jurisdiction over European Patents, examining landmark cases that define its scope and limitations. The analysis explores how the UPC can extend its reach beyond its borders to adjudicate infringement claims involving non-UPC member states, while identifying the jurisdictional boundaries established by recent Court of Appeal decisions and pending CJEU referrals.

As per Rule 271.6.b RoP, service is deemed effective even if physical acceptance of a document is refused, as long as the addressee was properly notified and had a reasonable opportunity to collect it.

Das System für Patentstreitverfahren ist in Deutschland zweigeteilt, wobei Patentnichtigkeits- und Patentverletzungsverfahren vor unterschiedlichen Gerichten verhandelt werden.

System of penalties under the Rules of Procedure, specifics of a penalty order (R. 354.3, R.354.4 RoP): Pursuant to R. 354.3 RoP an order or decision may include an order for the forfeiture of a penalty sum in case...

Two judgments of the CJEU rendered on August 1, 2025, dealt with significant trademark issues of practical importance. The first case, Lunapark/DRACULA, presented the...

Recent decisions passed by three different instances of the EPO have significant effects on the patentability of inventions under European patent law.