by Bernward Zollner
Earlier this year the Ministry of Justice has submitted a bill which intends to grant a better protection to license agreements in case the licensor has to file a motion for the…
By Stephan von Petersdorff-Campen
Under paragraph 103 of the German Insolvency Act, an insolvency practitioner has the right to choose whether or not to honour existing contracts of the insolvent…
On the defendant’s side, knowing what the patent dispute is all about is essential for your strategy. Not only do you need to adjust your non-infringement arguments to the plaintiff’s assertions…
An article in the well-known IP magazine GRUR last year carried the heading “Do exhibitors at trade fairs in Germany enjoy immunity from the courts?” The author came to the conclusion that this…
Litigation and EPO Oppositions/Appeals surrounding a controlled-release dosage form of the drug oxycodone, a morphine-like opioid analgesic developed in 1918, has kept Europe's Pharma IP Lawyers busy…
In its decision "Okklusionsvorrichtung" (Aga v. Occlutech), the Federal Court of Justice (FCJ) denied patent infringement by equivalent means since the contested infringing embodiment was disclosed…
In my blog of 10 June 2011 I had reported about the decision by the Landgericht Duesseldorf "Pramipexol" (4a O 277/10) where the Court of first Instance had granted a PI based on an anonymous…
by Stephan Lieck
The Düsseldorf Regional Court had to decide whether it is misleading under competition law that the former proprietor of a patent advertises with the fact that there is patent…
The German Federal Court of Justice recently issued a decision entitled 'E-Mail via SMS', November 22, 2011, X ZR 58/10, in which it was found that when seeking to improve a data structure prescribed…
rospatt osten pross
Motorola obtained a first instance judgement against Apple, because iPhone and iPad infringe the European patent No. 1 010 336 declared essential to the GPRS standard by ETSI (…