by Miriam Büttner
On 21 January 2013 we already reported on the decision of the German Federal Supreme Court (BGH) regarding the validity of German patent no. 197 56 864, the so-called "Brüstle-…
This morning the European Court of Justice ("ECJ") added a new extravagant decision to the long list of odd judgments on intellectual property matters that during the last stages of negotiation of…
If the patentee has granted an exclusive license after filing an infringement action, an exclusive licensee is (in part) a legal successor of the patentee. Therefore, as long as the patentee's claims…
The Board observed that it could not be understood that the "technical relevance" criterion, proposed by another board in T 1906/11 for judging extension of subject matter, defines a new standard for…
The Board of Appeal accepted that filing of a criminal complaint for patent infringement could meet the EPC condition of Art. 105 EPC, for intervention that 'proceedings for infringement´ have been…
The Federal Court of Justice held that under the specific circumstances of the case it was likely that a service manual regarding flow meter technology had been available to third parties. The Court…
According to the law on employee inventions, the inventor is entitled to information about all income generated by the employer from third parties in exploiting the invention. This information is the…
Regarding the question whether costs for double representation of a party by a patent attorney and an attorney-at-law are reimbursable the Court held that these costs are to be reimbursed at least in…
In an earlier decision (BGH M2Trade), the Court held that the termination of the main license agreement does not automatically lead to a termination of the sublicense. It remains in force when the…
Although the right of the main licensee to use the invention automatically fell back to the licensor upon the licensee's insolvency, the Court held that the sublicensee enjoys protection of…
