Injunction

On the defendant’s side, knowing what the patent dispute is all about is essential for your strategy. Not only do you need to adjust your non-infringement arguments to the plaintiff’s assertions…

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…

On 10 February 2012 the Spanish Court handed down a judgment where it accepted for the first time the concept of a "springboard" injunction as a remedy aimed at curing acts of infringement carried…

  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…

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…

The Court of Appeal dismissed Krka's appeal against a decision of the Oslo Court of Enforcement and Execution, which granted AstraZeneca a preliminary injunction preventing Krka from marketing its…

The requisite of "imminence" introduced by Directive 2004/48/EC, coupled with the measures approved by the Ministry of Health to speed-up the administrative steps necessary to launch generics, has…

by Miriam Büttner In a recent decision of 15 September 2011 (ref. no. 4b O 99/11) the District Court of Düsseldorf (LG Düsseldorf) found that a non-final decision of the utility model cancel-lation…

If incorrect pre-litigation behavior of only one of the parties (in this case evasive and conflicting answers to warning letters of a patentee) leads to unnecessary litigation, the court costs and…