In one of my earlier posts I gave the news that, after years of uncertainty as to the admissibility of interlocutory (pre trial) declaratory judgements of non infringement in IP cases (here), the…
The uninterrupted transit of goods designated with a trademark that is protected in Germany does not constitute an infringement of the trademark right according to German law. Should the trademark be…
Faithfully implementing Article 9 §4 of Directive No. 2004/48/EC, Arti-cle L. 615–3 of the French Intellectual Property Code (hereinafter referred to as “IPC”) authorizes French courts to grant an…
by Bernward Zollner
In a case called "Produktionsrückstandsentsorgung" the German Bundesgerichtshof has discussed a case in which the claim of the litigious patent had been amended and narrowed with…
By order of 16 October 2012 in Sperotto v. Bolpagni , the Court of Turin stated, in line with a few other of its recent decisions, that patent infringement ordinary proceedings (even if including a…
As has been well publicised, the end of 2012 was a time of considerable progress in the long history of the Unitary patent and Unified Patent Court (“UPC”) dossier, culminating in adoption of the…
The number of patent infringement suits filed with the District Court of Düsseldorf remains constantly high. In addition to the two existing patent litigation chambers (chamber 4a presided by Dr…
"It's the same thing night on night / Who's wrong baby who's right / Another fight and I slam the door on / Another battle in our dirty little war / When I look at myself I don't see the man I…
An applicant for re-establishment of rights who fails to substantiate his request adequately in first-instance proceedings cannot normally remedy that failure by submitting additional evidence with…
