The Federal Court of Justice held that claim construction is the core task of a court dealing with infringement and that this must be done independently from the claim construction as used by the FCJ…
In this case the FCJ expanded on earlier case law regarding claim construction and in particular on the issue of whether a certain embodiment would fall within the scope of protection by way of…
A technical teaching making use of a discovery, e.g. of a natural law, for achieving a particular result is patent-eligible, irrespective of whether or not it has an “inventive excess” beyond the…
The Federal Supreme Court just handed down a long-expected judgment on the prerequisites under which a plaintiff has to provide a collateral for legal expenses. The result may encourage further…
The German Federal Court of Justice (FCJ) recently issued a second decision in a nullity lawsuit revolving around a windscreen for vehicles (Fahrzeugscheibe II, X ZR 41/14). While the first decision…
When it comes to infringement of patents, the doctrine of equivalence has gained some more attention in the last few years in German courts and indeed also in some of my earlier posts on this blog (…
by Gregory Bacon
The English courts are not averse to determining disputes concerning foreign rights, including intellectual property rights. Readers will no doubt be aware of the recent case between…
Let’s begin with the German statute and compare it with the EPC. Section 34 of the German Patent Act (GPA) stipulates the following:
(3) An application shall contain:
1. the name of the applicant;…
by André Sabellek
In a recent judgment the Higher Regional Court of Karlsruhe (OLG Karlsruhe) had to decide on the extent of the liability of a foreign supplier for a patent infringement in Germany (…
To ensure you don't miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our…
