by Miriam Büttner
In a recent decision the German Bundesgerichtshof (Federal Court of Justice, FCJ) dealt with the requirements of an obvious pre-use (judgment of 9 December 2014, docket no. X ZR 6/…
The German Bundesgerichtshof (Federal Court of Justice, FCJ) has issued the decision “Bildstrom” (judgment of 26 February 2015, docket no. X ZR 37/13) dealing with the patentability of a system and a…
In this judgment the Court of Appeals Düsseldorf held that the manifest preparation of a product for a specific use which is covered by a use claim can be seen in information on the packaging and in…
At a tradeshow in Düsseldorf the Defendant co-organized a so called "Turkish Pavilion" featuring several companies of the Turkish region "Samsun". The Court held that this role of the Defendant was…
The FCJ held that the Defendant in a nullity action is only required to prepare an auxiliary request following the preliminary opinion of the Federal Patent Court which takes those aspects into…
The Bundesgerichtshof (German Federal Court of Justice) in the decision Audiosignalcodierung (judgement of 3 February 2015, X ZR 69/13) confirmed the principle established in the Bundesgerichtshof…
With its judgment of March 5, 2015 (I-2 U 16/14), the Higher Regional Court (HRC) Dusseldorf reversed the first-instance decision and has now come to same conclusion as did the High Court of Justice…
Goods placed in transit proceedings do not infringe a patent in the transit country. It is not relevant whether the goods were placed in so-called “T1” external transit proceedings or in “T2” transit…
Based on method claims, German Patent Law does not only grant the patentee an exclusive right to exercise the method on the German territory, but also a monopoly to offer, bring into circulation or…
One area where the practice of the EPO and the German Federal Court of Justice (FCJ) could not be further apart was the assessment of added matter. While the FCJ traditionally had been very lenient…
