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…
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…
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…
The Appeals Court held that an argument that was not raised in first instance proceedings, shall not be considered a new matter, and consequently be dismissed, if it only further specifies or…
Over the past months several webites have been launched that try to track and trace any and all news and documents on the Unitary Patent and Unified Patent Court ("UPC"). Today the faithful UPC…
In a combined patent infringement and nullity case, the Svea Court of Appeal upheld the validity of Roche Diagnostics' European patent as far as Sweden was concerned, but held, other than the…
