Christian Buchholz

The Federal Court of Justice recently addressed the scope of the so-called principle of concentration pursuant to sec. 145 Patent Act. If the patentee has filed an action, a second action based on a…

The decision concerns the provisional enforcement of a court judgment on patent infringement. In an earlier decision in the same proceedings the Federal Court of Justice (FCJ) ruled that where the…

The FCJ decided that submissions by the parties which are expressly intended for the court only and not for the opposing party may not be included in the court file. As a consequence, they may not be…

The FCJ confirmed that the costs of the participation of a European Patent Attorney (Professional Representative before the EPO) in a patent case before the German civil courts are always recoverable…

In this decision, the German Federal Court of Justice deals with a number of practical issues concerning service inventions by German employees. In particular, it ruled on what must be contained in…

The case concerns the transfer of a priority right from an employee to his/her employer and the relevant time zone for determining the priority: 1. The validity of the transfer of rights to an…

The Federal Court of Justice made the following findings in relation to the material and personal scope of the right to prior use: 1. Where a pre-used embodiment does not implement all features of…