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Thorsten Bausch  (Hoffmann Eitle)
Higher Regional Court Dusseldorf Grants a Patent Co-owner a Right to Compensation
September 29, 2014

In its decision of 7 August 2014 (docket no. I-2 U 91/13 – ‘Garage Roller Door’), the Higher Regional Court Dusseldorf granted a non-using patent co-owner a right to compensation from the other co-…

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Thomas Musmann  (Rospatt Osten Pross)
Is the Federal Patent Court obliged to appoint a technical expert?
September 26, 2014

by Bernward Zollner In a recent decision of the Federal Supreme Court dated 26 August 2014 (docket-No. X ZB 19/12) a further appeal of an applicant pursuing his patent application was rejected.…

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Thorsten Bausch  (Hoffmann Eitle)
What happened to/in Summer 2014 in Germany?
September 19, 2014

To the extent that summer 2014 existed at all in central Europe, experts agree that it is now definitely over. There is some controversy whether we ever had summer in Germany this year, but at least…

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Jochen Buehling  (Krieger Mes Graf & v. der Groeben)
Germany: Kommunikationskanal, Federal Court of Justice 11 February 2014
July 21, 2014

The FCJ held that the priority of an earlier application may be rightfully claimed if the technical information described for a specific embodiment or otherwise in in the application is seen by the…

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Jochen Buehling  (Krieger Mes Graf & v. der Groeben)
Germany: Anthocyanverbinding, Federal Court of Justice 10 December 2013
July 09, 2014

The FCJ held that legal provisions in force at the priority date must be taken into consideration when assessing novelty and inventive step of an invention. These legal provisions may incite the…

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Thorsten Bausch  (Hoffmann Eitle)
Infringement proceedings outside Germany do not provide justification for a negative declaratory action in Germany regarding the same European patent
July 03, 2014

The Higher Regional Court Düsseldorf has ruled in its decision of 20 March 2014 (docket number 12 W 8.14) that an explicit allegation of entitlement to a national part of a European patent, e.g. by…

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Thomas Musmann  (Rospatt Osten Pross)
Use Patents under German Law – Manifest Arrangement
June 23, 2014

by Dr. Simon Klopschinski The Karlsruhe Higher Regional Court has found direct infringement of a use patent by manifest arrangement even though the product was not marketed together with an…

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Markus Lenssen  (Rospatt Osten Pross)
Patent claim construction – reference to a multitude of preceding claims
June 06, 2014

Just recently, the judgement of the German Federal Court of Justice (Bun-desgerichtshof, BGH) in re X ZR 31/11 concerning a tyre removal machine has been published. This judgement is of relevance as…

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Thomas Musmann  (Rospatt Osten Pross)
Two senates at the Appeal Court Duesseldorf now competent for patent infringement cases
May 23, 2014

by Bernward Zollner Since the beginning of 2014 a second senate for patent infringement cases (under presiding judge Dr. Ulrike Voss) has commenced to work. The already existing senate (under…

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Thorsten Bausch  (Hoffmann Eitle)
Are Method of Treatment Features To Be Considered for Patentability?
May 22, 2014

Suppose you have an invention that resides in using a known substance in a known dosage for a known purpose, and your only distinguishing feature is that you apply a particular therapeutic measure…

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