The amount of its profit the infringer will have to pay to the patentee as damages is calculated solely based on the profit earned by use of the intellectual property right. To determine this profit…
This past week I had an interesting hearing at the EPO where an opposition was based, inter alia, on public prior use.
The opposition division heard a number of witnesses on the question whether the…
The CJEU decided yesterday that a negative declaratory action seeking to establish the absence of liability in tort, delict, or quasi-delict does fall within the scope of the "place of tort" pursuant…
by Bernward Zollner
The German law on indirect patent infringement is rather strict. Particular means which are being supplied to third parties relate to an essential element of the in-vention if…
by Miriam Büttner
As promised by my colleague, Rüdiger Pansch (please see his post on "Munich Appellate Court on Making vs. Repair" dated 28 October 2011 and the other earlier Blogs cited therein) we…
The Regional Court in Dusseldorf and the Higher Regional Court in Gdansk have ruled in June and July 2012 that the Bolar exemption and the experimental-use exemption only apply to the testing entity…
by Stefan Lieck
In the judgement dated 12/01/2012 (file no. I ZB 43/11), the Federal Supreme Court decided on the question as to whether an administrative fine is to be imposed on the managing…
Lawsuits surrounding Leo Pharmaceuticals’ patent EP0679154 directed to calcipotriol monohydrate have been on-going in various European states since 2008. Calcipotriol is a vitamin D3 derivative with…
The presentation of a product at an exhibition within Germany, constitutes use of the shape of the product (protected by trademark law) in the course of trade for advertising purposes, and this is…
When seeking to improve a data structure prescribed in an international standard, the skilled person would consider mechanisms already described in the standard when solving the identified technical…
