G 1/24 addresses the extent to which the description can be used to interpret the claims. As previously discussed, it looks set to be one of the most consequential EPO decisions of the decade. The…
In this series, we will review the practice of the German Federal Court of Justice (Bundesgerichtshof or BGH, herein: FCJ) on key questions of patent law such as claim construction, added subject…
In a thorough decision, Barcelona Commercial Court (Section 15) clarifies important findings on novelty, inventive step and claim construction. A technical feature disclosed in the prior art will not…
Just recently, the judgement of the German Federal Court of Justice (Bun-desgerichtshof, BGH) in re X ZR 31/11 concerning a tyre removal machine has been published. This judgement is of relevance as…
In its decision "Fahrradkurbeleinheit" ("bike crank assembly") the Higher Regional Court of Düsseldorf has lifted an injunction by the Regional Court of Düsseldorf on appeal (OLG Düsseldorf, I-2 U 78…
In this blog I report about how the Bundesgerichtshof (BGH) has recently eliminated some potential for conflicting decisions in Germany's bifurcated patent litigation system.
The separation of…
