The uninterrupted transit of goods designated with a trademark that is protected in Germany does not constitute an infringement of the trademark right according to German law. Should the trademark be…
In a recent decision (BGH X ZR 7/12) the Bundesgerichtshof had to decide whether the Appeal Court violated its general obligation to elucidate the facts relevant for the decision by not ordering the…
by Bernward Zollner
In a case called "Produktionsrückstandsentsorgung" the German Bundesgerichtshof has discussed a case in which the claim of the litigious patent had been amended and narrowed with…
The number of patent infringement suits filed with the District Court of Düsseldorf remains constantly high. In addition to the two existing patent litigation chambers (chamber 4a presided by Dr.…
As Christmas is coming closer, the "where is the Christmas stand?"-question comes up again. This little piece of engineering only used once a year is not only subject matter of several patents but…
In the assessment of inventive step, the question whether the prior art discloses a pointer for the skilled person to use the measures described therein, and to apply these to a known substance,…
The Federal Court of Justice held that data can be a product directly obtained by a patented process and can therefore be protected. An important issue was whether patent rights were exhausted, if…
by Hetti Hilge
The German Federal Supreme Court (BGH) confirmed that the patent owner may recover the infringer’s profit in so far, and only in so far, as it results from the use of the patent (BGH,…
If the patent provides a multi-level method to be applied in more than one production entity (here: the preparation of sausage casing as endless rolls and their automatic filling at the sausage…
If replacement of a worn-out component during the lifespan of a patented combination product is expected in the relevant trade circles, this will form part of the intended and thus admissible use,…
