Thomas Musmann

In Germany, the winning party is able to recover a significant amount of its costs from the losing party. This cost reimbursement, which is based on a statutory fee schedule, depends on the value of…

Dr. Simon Klopschinski rospatt osten pross – Intellectual Property Rechtsanwälte In the international investment arbitration of Eli Lilly v. Canada the arbitral tribunal rendered on March 16, 2017…

As some of you may know, the Munich District Court has a special approach concerning the procedure for patent infringement proceedings since late 2009, called the “Munich Procedure”. The members of…

by Bernward Zollner for rospatt osten pross In a recent decision of 10 January 2017 (BGH X ZR 17/13) concerning a “Restitutionsklage” against a final patent infringement judgement of the Appeal Court…

by Rüdiger Pansch for rospatt osten pross In two recent decisions, the Federal Supreme Court developed its case law on entitlement strengthening the position of the plaintiff in entitlement…

by Dr. André Sabellek In a recent judgment the Federal Supreme Court (Bundesgerichtshof, BGH) took a stand on the question whether to grant the patent infringer a grace period for marketing the…

The Federal Supreme Court just handed down a long-expected judgment on the prerequisites under which a plaintiff has to provide a collateral for legal expenses. The result may encourage further…

by André Sabellek In a recent judgment the Higher Regional Court of Karlsruhe (OLG Karlsruhe) had to decide on the extent of the liability of a foreign supplier for a patent infringement in Germany …

In its decision of December 15, 2015 the Federal Court of Justice confirmed the judgment of the Karlsruhe Higher Regional Court of 2014 concerning the direct infringement of use patents by manifest…