and Bernd Kröger.
A combination of two pharmaceutical ingredients, i.e. leflunomide and teriflunomide is to be considered obvious if the person skilled in the art uses an obvious process to obtain…
The Court held that a lack of impartiality of a court-appointed expert can be assumed if the expert maintains a close economic relationship with one of the parties. This is not necessarily so where…
This decision deals with a court order to obtain an expert opinion in a nullity appeal proceeding subject to the new procedural rules that apply to nullity actions filed since October 1, 2009. Due to…
The Appeals Court held that an argument that was not raised in first instance proceedings, shall not be considered a new matter, and consequently be dismissed, if it only further specifies or…
Under the doctrine of equivalents, a patent does not convey protection for all options disclosed in the broader patent description if these options are not specifically included in the patent claims…
An amendment of independent patent claim 1 during prosecution introduced a new feature. According to the Examining Division this led to the combinations of features of dependent claims 2-4 to extend…
In its recent decision “Fräsverfahren” [Milling Method] of 7 May 2013 (Docket X ZR 69/11), the FCJ eased the conditions regarding a claiming of damages with regard to indirect patent infringement and…
Recent U.S. Court of Appeals for the Federal Circuit and USPTO decisions underscore the potential value of challenging a granted U.S. patent in a USPTO proceeding, even if the patent already has…
The term "offering" must be understood in a broad sense. It is sufficient that the per-son who is offering draws the attention of the public to the offered object so that - clearly - advertisements…
Judgments from the English Courts are nowadays usually delivered in draft form and in strictest confidence from the Judge’s clerk to the parties by way of an attachment to an email. This invariably…
