Once again, the German Federal Supreme Court has underlined the primacy of the patent claim over the patent's description. The technical problem to be solved by the invention is to be established by…
Patent protection for technical products expires after 20 years. However, there is no rule without exception. In its recent decision "Femur-Teil"(judgement of 15 April 2010, I ZR 145/08), the German…
There are three compulsory rules you must observe when challenging a judge on grounds of bias:
1) Be prepared.
2) Use good reasons.
3) Have a worthy goal.
I wish to exemplify this by a hearing I had…
The court held that the plaintiff who is listed as proprietor of the patent in the patent register is allowed to claim both injunctive relief and damages as well as claims to rendering accounts and…
According to the so-called “Duesseldorfer Besichtigungspraxis” (Duesseldorf inspection practice), a patent owner who establishes a prevailing likelihood of infringement may secure evidence by…
In this blog I report about how the Bundesgerichtshof (BGH) has recently eliminated some potential for conflicting decisions in Germany's bifurcated patent litigation system.
The separation of…
In my first post I have described the old shabby courtroom of the patent chamber of the District Court of Düsseldorf. Meanwhile the court has moved to a new court house which is situated close to the…
The Duesseldorf Court of Appeal referred in a recent decision to the commandment "You shall not lie!" – with severe consequences as to the cost risk of patent proceedings (court order of 15 April…
The holder of a patent is entitled to damages caused by unlawful usage of the patent's teaching. But what to do if the patent is transferred while the patent is being infringed? Who can claim damages…
The German Federal Court of Justice decided that a method concerning the dynamic document generation of structured documents in a client-server-environment, which is implemented by software, was not…
