The boards of appeal of the European patent office recently issued a decision on December 14, 2011, T 1336/09, in which it was found in ex parte appeal proceedings that third party observations filed…
An article in the well-known IP magazine GRUR last year carried the heading “Do exhibitors at trade fairs in Germany enjoy immunity from the courts?” The author came to the conclusion that this…
Litigation and EPO Oppositions/Appeals surrounding a controlled-release dosage form of the drug oxycodone, a morphine-like opioid analgesic developed in 1918, has kept Europe's Pharma IP Lawyers busy…
In its decision "Okklusionsvorrichtung" (Aga v. Occlutech), the Federal Court of Justice (FCJ) denied patent infringement by equivalent means since the contested infringing embodiment was disclosed…
As could almost have been predicted, the European Parliament has cancelled its First Reading and its vote on the creation of unitary patent protection. It has instead now scheduled just a brief…
The German Federal Court of Justice recently issued a decision entitled 'E-Mail via SMS', November 22, 2011, X ZR 58/10, in which it was found that when seeking to improve a data structure prescribed…
Just a few years ago, the German IP profession suddenly became very, very nervous. The Regional Court of Düsseldorf had issued its first of a handful of decisions wherein the German part of a…
On 13th September 2011, the German Federal Court of Justice (FCJ) rendered a decision under the keyword “Diglycidverbindung”, i.e. diglycidyl compound (case number X ZR 69/10).
The case revolved…
The creation of a Unified Patent Litigation System seems to have a lot of political momentum these days, with one proposal following the other at fairly short intervals. This blog discusses the…
