While it is my impression that the IP profession, on the whole, has not had to suffer much under the current COVID-19 pandemic, the same is unfortunately not true for our patent attorney trainees. It…
The decision concerns the provisional enforcement of a court judgment on patent infringement. In an earlier decision in the same proceedings the Federal Court of Justice (FCJ) ruled that where the…
The FCJ decided that submissions by the parties which are expressly intended for the court only and not for the opposing party may not be included in the court file. As a consequence, they may not be…
By Dr Simon Klopschinski
As reported previously on this blog, the German ratification process for the Agreement on a Unified Patent Court (UPC) has been started anew after the Federal Constitutional…
The use of a generally available tool (here: reverse sandwich assays) can involve an inventive step if the advantages pursued and provided by the invention do not materialize without further effort…
The FCJ confirmed that the costs of the participation of a European Patent Attorney (Professional Representative before the EPO) in a patent case before the German civil courts are always recoverable…
This month the Mannheim Regional Court released a decision (here) in the dispute between Daimler AG, owner of the famous Mercedes-Benz brand, and the Finnish company Nokia (also see our previous post…
In this decision, the German Federal Court of Justice deals with a number of practical issues concerning service inventions by German employees. In particular, it ruled on what must be contained in…
As is well known, not least since Mark Twain’s famous and unforgettable analysis, the Awful German Language is full of funny compound words (actually, according to Mark Twain, “they are not words,…
Full support for the Unified Patent Court Agreement, complete rejection, long lists with points of concern. The German government has published the reactions to its consultation on the new draft…
