Thomas Musmann

Imagine: Wouldn’t it be fantastic to have one single patent which you could apply for at the WPO, the World Patent Office? A World Patent, which would be valid worldwide and which could be enforced…

by Stephan von Petersdorff-Campen In their posts of 21 Oct. 2010 and 28 Jan. 2011, Hetti Hilge and Max v. Rospatt reported a difference of opinion between German courts on the question of whether or…

Germany is still busy handling its first big wave of patent troll litigation. At this stage it seems that some trolls may have underestimated the power of bulk defence. In a case concerning mobile…

In Germany it is well established case law that in normal PI cases "urgency" is a requirement which is not fulfilled if plaintiff waits too long before initiating court proceedings (although the…

While the European Commission is still struggling to implement a Community Patent and a European Patent litigation system, it is worthwhile to have a look to the results the existing system is…

Once again, the German Federal Supreme Court has underlined the primacy of the patent claim over the patent's description. The technical problem to be solved by the invention is to be established by…

Patent protection for technical products expires after 20 years. However, there is no rule without exception. In its recent decision "Femur-Teil"(judgement of 15 April 2010, I ZR 145/08), the German…

According to the so-called “Duesseldorfer Besichtigungspraxis” (Duesseldorf inspection practice), a patent owner who establishes a prevailing likelihood of infringement may secure evidence by…

In this blog I report about how the Bundesgerichtshof (BGH) has recently eliminated some potential for conflicting decisions in Germany's bifurcated patent litigation system. The separation of…