The Federal Court of Justice confirmed that a nullity defendant can defend its patent to a limited extent only insofar as it is attacked by the nullity plaintiff. The limited defence of the patent in…
...clearly less spectacular than the UK's ratification of the UPCA, but nevertheless noteworthy and - perhaps! - even more relevant in the long run (but that we shall see). My colleague Mike Gruber…
In an extraordinary appeal pursuant to Sec. 321a of the German Civil Procedure Code, the FCJ confirmed that the courts are obliged to take note of and consider the actual and legal submissions of the…
The Federal Court of Justice held that the fact that all of the embodiment examples in an application comprise a specific feature stands in the way of claiming protection for embodiments without this…
In its judgment of 7 November 2017, X ZR 63/15 – Digitales Buch, the German FCJ (Bundesgerichtshof) took the opportunity to complete its Kommunikationskanal case law on the admissibility of a…
This case concerns the issue of the urgency required in order to justify a preliminary injunction for patent infringement. The CoA Düsseldorf had to deal with the question of whether the Petitioner…
Adding to the long series of referrals concerning the interpretation of Art. 3(a) Reg. (EC) No. 469/2009 (“SPC Regulation”) (“the product is protected by a basic patent in force”) the UK Court of…
The constitutional complaint which was filed last year against German ratification of the Unified Patent Court Agreement, has been shrouded in secrecy. The complaint has not been published, nor the…
The Federal Court of Justice held that a patent application is to be rejected if its subject-matter extends beyond the content of the application as originally filed and if this deficiency has not…
The Federal Court of Justice held in the present case that it was not relevant whether it is possible to escape a declaration of nullity due to added matter under certain circumstances, as recently…
