The German Federal Court of Justice (FCJ) confirmed that for setting the value in dispute of nullity actions on standard essential patents (SEPs) the well-established general rule applies, i.e. in…
According to established case law, it is sufficient for the realization of a feature containing an indication of purpose if the device protected is suitable for use for the purpose mentioned due to…
The German Federal Court of Justice (“BGH”) held in its decision “Papierspender” (“Paper Dispenser”) that a Community design was not automatically caught by the functionality provision of the…
The German Bundestag has adopted amendments to the German Patent Act. The changes introduce (i) a codified proportionality defense to injunctions in patent infringement proceedings, (ii) new…
It is very unlikely that the new complaints against the Unified Patent Court Agreement, which were filed last December with the German Federal Constitutional Court (FCC), will delay the Unitary…
Legal basis
The legal basis for compulsory licenses under German Patent Law is under Section 24 of the German Patent Act. The German Patent Act meets the requirements of the Trade-Related Aspects of…
The Federal Court of Justice recently addressed the scope of the so-called principle of concentration pursuant to sec. 145 Patent Act. If the patentee has filed an action, a second action based on a…
In my post "The German UPCA Ratification - at Schweinsgalopp towards Mautdebakel" on this blog, I cautioned the German Ministry of Justice and Consumer Protection against ignoring the apparent…
Neither of French case law nor of a mood note on a general theme today, like Werther I prefer to suffer with my eternal love for Goethe's language to evoke the Sisvel vs Haier II decision (FRAND-…
In utility model cancellation proceedings, if a proprietor defends its utility model only with certain sets of claims, the Federal Patent Court generally has no reason to subject the subject-matter…
