When a party successfully asserted a claim for injunctive relief at court on the grounds of IP-right infringement, but the foreign defendant has no assets in Germany, the problem arises as to how the…
The German Federal Court of Justice (FCJ) issued a nullity appeal judgment on 12 July 2011 in which the requirements for an amendment to be held allowable under Art. 123(2) EPC and Sec. 38 German…
As is known, damages for patent infringement may be calculated using one of three calculation methods, i.e. infringer’s profit, licence analogy and lost profit.
Two recent decisions, one by the…
On 24 May 2011, the European Commission published the "Proposal for a Regulation concerning customs enforcement of intellectual property rights" (SEC(2011)597 final) to replace the present Regulation…
G2/10 – DISCLAIMERS FOR DISCLOSED SUBJECT-MATTER
by Nadja Muncke and Klemens Stratmann
On August 30, 2011 the Enlarged Board of Appeal rendered its decision on the admissibility of a disclaimer whose…
T 777/08: When is a Polymorph Inventive?
by Matthias Wolf and Alexander Dehner
We report on the recent decision T 777/08 of the Boards of Appeal of the EPO dated May 24, 2011, relating to the issue…
In this blog, we reported earlier about a new nullity action initiated in 2010 against the German supplementary protection certificate (SPC) for enantiomeric escitalopram and the judgment of the…
The Federal Court of Justice (FCJ) in Germany has held in its recent “Dentalgerätesatz” decision FCJ.5.4.2011that claim 1 of EP 892 625 is novel since it claimed a new functional adaptation of…
During EPO opposition proceedings, patentees have historically been able to avoid discussing clarity by combining granted claims rather than using the description as basis for amendments. The…
