In a judgment in preliminary proceedings the Bundespatentgericht (German Federal Patent Court) granted the pharmaceutical company Merck the right to use European patent EP 1 422 218 and to continue…
The Federal Court of Justice held that the defence of the patent in suit on the basis of claims filed only at the appeal stage as an auxiliary request can nevertheless be considered to be expedient…
In this case the FCJ considered the question of when the enforcement of a judgment in an infringement action should be suspended in light of a decision of the Federal Patent Court in a parallel…
by Bernward Zollner for rospatt osten pross
In a recent decision of 10 January 2017 (BGH X ZR 17/13) concerning a “Restitutionsklage” against a final patent infringement judgement of the Appeal Court…
In this case the FCJ expanded on earlier case law regarding claim construction, in particular how a term used in the claim language should be interpreted in light of the specification and the entire…
In this case the FCJ dealt with the prerequisites for equivalent infringement. In particular it gave further guidance in relation to the so-called “3rd Schneidmesser question” which concerns the…
Christmas is the time of good wishes. Here is my personal wishlist.
1. Peace!
2. That we all consent that there is human dignity and that it is inviolable and independent of race, colour, origin,…
by Rüdiger Pansch for rospatt osten pross
In two recent decisions, the Federal Supreme Court developed its case law on entitlement strengthening the position of the plaintiff in entitlement…
The appeal court is not prevented from denying the credibility of a witness affirmed in the first instance court if there are concrete indications that raise doubts about the correctness and…
by Dr. André Sabellek
In a recent judgment the Federal Supreme Court (Bundesgerichtshof, BGH) took a stand on the question whether to grant the patent infringer a grace period for marketing the…
