The Federal Court of Justice confirmed the legal reasoning of the Federal Patent Court that a company that continued the business of another company, while it was founded independently from the…
The District Court Düsseldorf clarified its case law regarding the requirement of a complete translation of patents into the German language and how to deal with errors in such translations. Besides…
The Court of Appeals Karlsruhe has decided that under specific circumstances the enforcement by a non-manufacturing licensing company of an injunction based on a standard-essential patent may be…
The Federal Court of Justice (Bundesgerichtshof) ruled that a defendant in a patent infringement suit may successfully raise an antitrust defense against the issue of an injunction where the asserted…
For an invention to be considered obvious it is usually necessary that there are additional incentives that go beyond the identification of the technical problem and lead the person skilled in the…
The Federal Court of Justice ruled that the subject matter of a patent does not extend beyond the content of the application as filed when terms are used in the claims that are not literally used in…
A patent infringement action may not be rejected on the grounds that a feature of the asserted patent claim seems to be unclear in its technical meaning. A lack of clarity may only give reason to…
The Federal Court of Justice held that a licensee's failure to exploit an exclusive patent license can justify termination of the license agreement by the licensor, even if there is no breach of…
The Federal Patent Court has decided that an inventive step according to Article 56 EPC is not established if the person skilled in the art has only to conduct routine exploratory analysis based on…
The Federal Court of Justice clarified the interdependencies of its case law concerning computer implemented inventions. An application has technical character if a non technical feature is inserted…
