The Federal Court of Justice held that the meaning of a patent claim as a whole and the contribution of the single features to the result of the invention must be assessed in nullity proceedings. It…
The Court held that the marketing of coffee capsules suitable for a Nespresso machine does not infringe the patent on an extraction system for the coffee capsules. Instead, the user of the machine is…
The uninterrupted transit of goods designated with a trademark that is protected in Germany does not constitute an infringement of the trademark right according to German law. Should the trademark be…
On 12 February I posted the first of two notes on the forthcoming joint FRAND trial arising out of actions between IPCom and Nokia (Claim No: HC 10 C01233) and HTC and IPCom (Claim HC 11 C02064),…
For some years the European Commission has been drafting a new “Regulation Concerning Customs Enforcement of Intellectual Property Rights” replacing present Regulation EC/1383/2003. It now appears…
Now that we are less than one month away from implementation of the First-Inventor-To-File provisions of the America Invents Act (AIA), stakeholders are considering whether to file new patent…
In a recent decision (BGH X ZR 7/12) the Bundesgerichtshof had to decide whether the Appeal Court violated its general obligation to elucidate the facts relevant for the decision by not ordering the…
Faithfully implementing Article 9 §4 of Directive No. 2004/48/EC, Arti-cle L. 615–3 of the French Intellectual Property Code (hereinafter referred to as “IPC”)…
FRAND licensing terms (Fair, Reasonable, and Non-Discriminatory) and their impact upon electronics and telecommunications patent litigation is fast becoming a hot topic amongst the patent blogs. One…
On 5 December 2012, the Civil Chamber of the Supreme Court handed down an interesting judgment confirming that the non-discrimination principle enshrined in articles 27.1 and 70 of TRIPS trumps any…
