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Thomas Musmann (Rospatt Osten Pross)
Protection improved for license agreements by recently submitted bill in Germany
May 25, 2012

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…

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Thomas Musmann (Rospatt Osten Pross)
Simple patent licences in insolvency
May 11, 2012

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…

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Henrik Timmann for
Tell me what you want! - Determining the subject matter of the litigation in patent infringement cases
March 30, 2012

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…

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Thorsten Bausch (Hoffmann Eitle)
Troublesome Times for the Enforcement of IPR at German Trade-fairs?
March 30, 2012

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…

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Thorsten Bausch (Hoffmann Eitle)
Oxycodone - An Unfinished Battle and an Undisclosed Question
March 11, 2012

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…

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Thorsten Bausch (Hoffmann Eitle)
Recent Decisions of the Federal Court of Justice on the Doctrine of Equivalence: Consequences for Patent Practitioners
March 05, 2012

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…

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Thomas Musmann (Rospatt Osten Pross)
Anonymous confirmation by research institute is not a suitable means of proof in PI proceedings
March 02, 2012

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…

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Thomas Musmann (Rospatt Osten Pross)
Misleading by arrogation of a patent despite reinstatement in the status quo ante
February 03, 2012

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…

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Thorsten Bausch (Hoffmann Eitle)
FCJ rules that the skilled person will look for approaches already provided by a standard when wanting to improve that standard
January 21, 2012

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…

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Eike Schaper for
Apple v. Motorola: No compulsory licence defence
January 20, 2012

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 (…

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