A recent decision of the Higher Regional Court (Oberlandesgericht) Düsseldorf now confirms that a holding company cannot easily dive away under the patent infringing activities of its subsidiaries…
by Rüdiger Pansch for rospatt osten pross
Assuming that “it is sensible for national courts at least to learn from each other and to seek to move towards, rather than away from, each other’s…
by Miriam Büttner
On 21 January 2013 we already reported on the decision of the German Federal Supreme Court (BGH) regarding the validity of German patent no. 197 56 864, the so-called "Brüstle…
by Bernward Zollner
The term "offering" must be understood in a broad sense. It is sufficient that the per-son who is offering draws the attention of the public to the offered object so that -…
by Stefan Lieck
In a judgement of 17 January 2013 (docket no. I-2 U 87/12), the Düsseldorf Higher Regional Court confirmed its previous case law according to which the issuance of a preliminary…
by Stephan von Petersdorff-Campen
The amount at issue in a legal claim serves as the basis for establishing the court fees and lawyers’ fees to be reimbursed to the successful party. The consequences…
by Hetti Hilge
The District Court Duesseldorf stayed a case between Huawei and ZTE concerning mobile and base stations within the LTE standard and referred five question to the CJEU (docket No. 4b O…
by Henrik Timmann
There is a saying in Germany: Two lawyers add up to three different opinions. Well, for a long time the Federal Patent Court seemed to have been inspired by this saying when…
In a recent decision (BGH X ZR 7/12) the Bundesgerichtshof had to decide whether the Appeal Court violated its general obligation to elucidate the facts relevant for the decision by not ordering the…
