Thomas Musmann

by Dr. Simon Klopschinski In one of its latest orders the Karlsruhe Higher Regional Court has used the opportunity to take a glimpse into the crystal ball, in order to see what decision the Court of…

Many practitioners in Germany thought the doctrine of equivalence to be rather at its end following two Supreme Court (BGH)-decisions in 2011 (“Okklusionsvorrichtung” and “Dyglycidverbindung”). Now,…

The use and circulation of a product which has been put on the market by the patentee or a third party acting with the consent of the patentee (e.g. a licensee) cannot be prohibited by the patentee…

by Hetti Hilge The Higher Regional Court Düsseldorf has set up a second Senate (panel of judges) that is specifically competent for patent infringement litigation. The Higher Regional Court is the…

Under the legal principle of forfeiture of claims a patentee can deprive himself of claims for patent infringement if he asserts them in legal proceedings at such a late stage (time factor) that the…

By Bernward Zollner Every now and then it is suggested that a picture or pictures be incorporated in a mo-tion of a complaint against the defendant requesting defendant to cease and desist from a…

by Stefan Lieck Based on the act for simplification and modernization of Patent Law ("Patentrechts-modernisierungsgesetz") patent nullity proceedings in Germany have been reformed fundamentally in…

by Stephan von Petersdorff-Campen Under section 7 (1) of the Law on Employee Inventions (ArbErfG), all the rights in an invention made by an employee in the context of his employment relationship…

by Hetti Hilge The District Court Cologne made some interesting remarks on the requirements of a seizure by the police on a trade show (decision of 6 May 2013, 116 QS 12/13 an, 116 Js 788/12). Under…