Equivalents

Many practitioners in Germany thought the doctrine of equivalence to be rather at its end following two Supreme Court (BGH)-decisions in 2011 (“Okklusionsvorrichtung” and “Dyglycidverbindung”). Now,…

In 1984 Albert Hedegaard submitted a national patent application to the Danish Patent Office concerning an air-assisted device for spraying crops with pesticides. Hardi International A/S filed an…

In its decision "Fahrradkurbeleinheit" ("bike crank assembly") the Higher Regional Court of Düsseldorf has lifted an injunction by the Regional Court of Düsseldorf on appeal (OLG Düsseldorf, I-2 U 78…

Ex parte measures are rather difficult to obtain in patent matters in Switzerland (except from evidence-protection measures). Nevertheless, the Swiss Federal Supreme Court had the opportunity to…

Under the doctrine of equivalents, a patent does not convey protection for all options disclosed in the broader patent description if these options are not specifically included in the patent claims…

The PI judge in the District Court of The Hague held that the processes used to manufacture the generic products in dispute did not fall within the invoked patents' scope of protection, and…

As Christmas is coming closer, the "where is the Christmas stand?"-question comes up again. This little piece of engineering only used once a year is not only subject matter of several patents but…

The French Supreme Court specified the rules for the application of the doctrine of equivalence in the assessment of infringement of a process patent, holding that a patented process is considered to…

by Miriam Büttner As promised by my colleague, Rüdiger Pansch (please see his post on "Munich Appellate Court on Making vs. Repair" dated 28 October 2011 and the other earlier Blogs cited therein) we…