by Stephan von Petersdorff-Campen - rospatt osten pross
Where a patent has been exclusively licensed to a third party, it is this licensee who is directly prejudiced by an infringement of said patent…
Just a few years ago, the German IP profession suddenly became very, very nervous. The Regional Court of Düsseldorf had issued its first of a handful of decisions wherein the German part of a…
Preliminary injunctions in patent disputes can be a very effective weapon to fight against free riders on the one hand but are equally hurtful for defendants being at-tacked unjustifiably on the…
This long awaited ECJ decision concerns the interpretation of the term "embryo" in the Biotech Directive (98/44/EC). According to the Court Art. 6 (2c) of the Directive excludes the patentability of…
On 13th September 2011, the German Federal Court of Justice (FCJ) rendered a decision under the keyword “Diglycidverbindung”, i.e. diglycidyl compound (case number X ZR 69/10).
The case revolved…
by Miriam Büttner
In a recent decision of 15 September 2011 (ref. no. 4b O 99/11) the District Court of Düsseldorf (LG Düsseldorf) found that a non-final decision of the utility model cancel-lation…
by Dr. Ulrich Pross, rospatt osten pross
Sec. 522 Civil Procedure Act (CPA) provided that courts competent to hear appeals on fact (Berufungsgerichte) can and must reject an appeal (Berufung)…
by Rüdiger Pansch, rospatt osten pross
And here we are again with more recent decisions on the bulk container paradox (see Brian's post Bottling the After-Market; Max's post on Patent Law and…
As is known, damages for patent infringement may be calculated using one of three calculation methods, i.e. infringer’s profit, licence analogy and lost profit.
Two recent decisions, one by the…
The proprietor of a patent who has granted an exclusive license to a third party, has the right - in case of patent infringement - to assert its own claims against the infringer if said proprietor…
