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Thomas Musmann (Rospatt Osten Pross)
Transfer of rights in patent application filed by party not entitled to do so – Higher Regional Court reluctantly follows Federal Court of Justice
November 04, 2013

by Stephan von Petersdorff-Campen Under section 7 (1) of the Law on Employee Inventions (ArbErfG), all the rights in an invention made by an employee in the context of his employment relationship…

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Markus Lenssen (Rospatt Osten Pross)
The patent claim as a technical teaching in its literal sense
October 11, 2013

In its decision "Fahrradkurbeleinheit" ("bike crank assembly") the Higher Regional Court of Düsseldorf has lifted an injunction by the Regional Court of Düsseldorf on appeal (OLG Düsseldorf, I-2 U 78…

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Thorsten Bausch (Hoffmann Eitle)
Medeva and the Limitation of Composition Claims
October 10, 2013

In Medeva (C-322/10 of 24 November 2011) the Court of Justice of the European Union (CJEU) had ruled that a Supplementary Protection Certificate relating to a combination of active ingredients can…

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Thorsten Bausch (Hoffmann Eitle)
Licenses Withstand German Insolvency Proceedings
September 17, 2013

With its decision of July 25, 2013 (6 U 541/12), the Higher Regional Court Munich confirmed the first-instance decision finding that licenses under the patents of an insolvent company remain valid…

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Thomas Musmann (Rospatt Osten Pross)
On police seizures
September 13, 2013

by Hetti Hilge The District Court Cologne made some interesting remarks on the requirements of a seizure by the police on a trade show (decision of 6 May 2013, 116 QS 12/13 an, 116 Js 788/12). Under…

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Thomas Musmann (Rospatt Osten Pross)
Parents are liable for their children – Does this also apply to companies?
August 30, 2013

A recent decision of the Higher Regional Court (Oberlandesgericht) Düsseldorf now confirms that a holding company cannot easily dive away under the patent infringing activities of its subsidiaries.…

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Thomas Musmann (Rospatt Osten Pross)
Dialectics between English and German Courts on making vs repair
August 06, 2013

by Rüdiger Pansch for rospatt osten pross Assuming that “it is sensible for national courts at least to learn from each other and to seek to move towards, rather than away from, each other’s…

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Thorsten Bausch (Hoffmann Eitle)
Mannheim Regional Court on the Liability of a Foreign Supplier under German Patent Law
August 01, 2013

The Mannheim Regional Court decided on March 8, 2013 (court docket: 7 O 139/12) that a supplier which is located abroad is regularly only liable for participating in patent-infringing acts in Germany…

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Anonymous
Wundverband, Federal Court of Justice (Bundesgerichtshof), 19 February 2013
July 14, 2013

If the patentee has granted an exclusive license after filing an infringement action, an exclusive licensee is (in part) a legal successor of the patentee. Therefore, as long as the patentee's claims…

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Jochen Buehling (Krieger Mes Graf & v. der Groeben)
Messelektronik fuer Coriolisdurchflussmesser, Federal Court of Justice (Bundesgerichtshof), 15 January 2013
July 14, 2013

The Federal Court of Justice held that under the specific circumstances of the case it was likely that a service manual regarding flow meter technology had been available to third parties. The Court…

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