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…
About half a year ago I reported on new developments in German case law concerning the doctrine of equivalence (see http://kluwerpatentblog.com/2014/10/10/news-about-the-doctrine-of-equivalence-in-…
The German Bundesgerichtshof has issued a decision (X ZR 41/13) called “Quetiapin” which discusses a fundamental question of the Patent Law, i.e. the definition of the “technical problem” underlying…
by Dr. Simon Klopschinski
Under EPO case law there is the “inescapable trap” of Article 123 (2) and (3) EPC. The German Federal Court of Justice decided in the “Winkelmesseinrichtung” case that the “…
The Federal Court of Justice (FCJ) held that where a defendant in a patent infringement action has been found to be liable for infringement in a decision that is preliminarily enforceable but subject…
by Niels Hölder and Thomas Koch
In “Zugriffsrechte” (Access Rights) (docket X ZR 35/11), the Federal Court of Justice decided that a claim can in principle not be construed such that it covers none…
The German ratification of the Unified Patent Court Agreement will most likely be decisive for the moment when the Unified Patent Court comes into existence. In an interview on recent developments…
by Anne Katrin Schön
On 12 June of this year, the German Federal Court of Justice (FCJ) in Karlsruhe concluded nullity appeal proceedings (X ZR 96/11) against the German part of European patent EP 1…
Dr. Simon Klopschinski
In recent time the trademark, copyright and competition law senate (1st senate) of the Federal Court of Justice (FCJ) and one of the patent senates of the Düsseldorf Higher…
by Hetti Hilge
In two recent and surprising decisions the Bundesgerichtshof (German Federal Court of Justice) clarified the effects of a first instance decision nullifying the patent in suit on the…
