Articles

42 articles available

This case concerns the question of whether, and under what conditions, a supplier of infringing products who is located abroad can be held liable for infringement of the German patent for acts…

This case concerns the issue of the urgency required in order to justify a preliminary injunction for patent infringement. The CoA Düsseldorf had to deal with the question of whether the Petitioner…

This case concerns the relationship between two co-owners of a patent and in particular the issue of whether and under what conditions one co-owner can claim compensation in respect of the use of the…

In this case the Federal Court of Justice (FCJ) allowed a compulsory licence under a patent for a pharmaceutical active ingredient for the first time ever. The Court held that a public interest in…

In this case the FCJ considered the question of whether one of the co-owners of an invention is individually entitled to file a patent application for that invention. The Court held that in general…

In this case the FCJ considered the question of when the enforcement of a judgment in an infringement action should be suspended in light of a decision of the Federal Patent Court in a parallel…

In this case the FCJ expanded on earlier case law regarding claim construction, in particular how a term used in the claim language should be interpreted in light of the specification and the entire…

In this case the FCJ dealt with the prerequisites for equivalent infringement. In particular it gave further guidance in relation to the so-called “3rd Schneidmesser question” which concerns the…

The Federal Court of Justice held that claim construction is the core task of a court dealing with infringement and that this must be done independently from the claim construction as used by the FCJ…