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Richard Gillespie (Inventorship)
What's the worst that could happen - Constitutional complaints against the EPO in Germany
January 18, 2020

Patent Attorneys like myself are not known for their love of excitement. For example, I like reading lists. One regrettably exciting item that appears to have slipped off the ‘things to look out for…

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Thorsten Bausch, Marie Thomson (Hoffmann Eitle)
Patent case: Biologische Abwasserklärung, Germany
December 25, 2019

The appeal on a point of law, for which no leave was granted by the Federal Patent Court, was held admissible, because the grounds of appeal under §100 III 3 and 6 PatG were invoked. However, it was…

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Hetti Hilge (Rospatt Osten Pross )
Another German FRAND Ruling – OLG Karlsruhe, Judgment of 30 October 2019, 6 U 183/16 (Philips v Wiko)
December 04, 2019

In its latest ruling on FRAND and the Art. 102 TFEU defense, the OLG (Higher Regional Court) Karlsruhe put an emphasis on the ‘fairness’ of the licensing negotiation procedure and thus on the ‘F’…

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Daniel Graetsch (Krieger Mes & Graf V. Der Groeben)
Patent case: Case X ZR 47/16, Germany
November 07, 2019

The Federal Court of Justice rejected a joint request by the parties to stay proceedings because of ongoing settlement negotiations. It held that the parties' request had been made too late and was…

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Thorsten Bausch (Hoffmann Eitle)
Three Myths Debunked
October 29, 2019

Traveling back from an interesting and lively VPP meeting on a train at dawn through beautiful, lonesome parts of Germany, full of large forests hosting mythical creatures that made it into the fairy…

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Thorsten Bausch (Hoffmann Eitle)
Patent case: Cer-Zirkonium Mischoxid I, Germany
October 15, 2019

A range of values limited only in one direction can be sufficiently disclosed if the invention is not limited to a certain range, but includes a generalizable teaching which goes beyond that and…

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Hetti Hilge (Rospatt Osten Pross )
Germany: BGH on scope of prior use right and modifications
September 19, 2019

The Bundesgerichtshof (German Federal Court of Justice, BGH) clarified the scope and limits of a prior use right of a manufacturer and supplier of components of a patented device (BGH, judgment of 14…

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Kluwer Patent blogger
Great uncertainty, but preparations for Unitary Patent system continue
September 07, 2019

Despite all uncertainty regarding the future, due to the ongoing Brexit saga and the German constitutional complaint, preparations for the Unitary Patent system are quietly going on. The EPO Select…

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Kluwer Patent blogger
Germany will not ratify UPCA as long as consequences Brexit are not known
August 16, 2019

Even if the German constitutional complaint against the Unified Patent Court Agreement is dismissed, the German government will not proceed with ratification of the UPCA until the consequences of the…

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H. Jeremias V. Wollschlaeger (Hoffmann Eitle)
Patent case: Bauteilverbindungsvorrichtung, Germany
June 17, 2019

The Federal Court of Justice held that introducing only selected features of an example into a claim is allowable if the resulting combination in the claimed generality is derivable from the…

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