The Board of Appeal accepted that filing of a criminal complaint for patent infringement could meet the EPC condition of Art. 105 EPC, for intervention that 'proceedings for infringement´ have been…
The Federal Court of Justice held that under the specific circumstances of the case it was likely that a service manual regarding flow meter technology had been available to third parties. The Court…
According to the law on employee inventions, the inventor is entitled to information about all income generated by the employer from third parties in exploiting the invention. This information is the…
Regarding the question whether costs for double representation of a party by a patent attorney and an attorney-at-law are reimbursable the Court held that these costs are to be reimbursed at least in…
In an earlier decision (BGH M2Trade), the Court held that the termination of the main license agreement does not automatically lead to a termination of the sublicense. It remains in force when the…
Although the right of the main licensee to use the invention automatically fell back to the licensor upon the licensee's insolvency, the Court held that the sublicensee enjoys protection of…
and Bernd Kröger.
A combination of two pharmaceutical ingredients, i.e. leflunomide and teriflunomide is to be considered obvious if the person skilled in the art uses an obvious process to obtain…
The Court held that a lack of impartiality of a court-appointed expert can be assumed if the expert maintains a close economic relationship with one of the parties. This is not necessarily so where…
This decision deals with a court order to obtain an expert opinion in a nullity appeal proceeding subject to the new procedural rules that apply to nullity actions filed since October 1, 2009. Due to…
