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…
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…
