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…
The right to an unpatented invention does not entitle to its exclusive use; it ceases to exist if the invention is made public without patent protection. The right to an unpatented invention…
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…
Laboratoires Negma (hereinafter referred to as “Negma”) is the exclusive licensee of European patent No. 0 520 414 which relates to a method for the preparation of diacetylrhein (also called…
The Supreme Court held that disputes relating to confidential information contained in an expert's report, filed in the framework of descriptive seizure proceedings, can be heard by the court having…
by Stephan von Petersdorff-Campen - rospatt osten pross
Where a patent has been exclusively licensed to a third party, it is this licensee who is directly prejudiced by an infringement of said patent…
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…
Preliminary injunctions in patent disputes can be a very effective weapon to fight against free riders on the one hand but are equally hurtful for defendants being at-tacked unjustifiably on the…
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…
