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IP News on
Patent Litigation, Oppositions and Nullity, Patent Prosecution, IP Reports
Act on the Ratification of the Agreement on a Unified Patent Court promulgated after unsuccessful constitutional complaints regarding UPC (German Federal Constitutional Court, order dated June 23, 2021 – docket nos. 2 BvR 2216/20 and 2217/20 –)

The German Federal Constitutional Court (FCC) rejected the requests for a preliminary injunction,…

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Patent Litigation, Licensing & Technology Transfer, Antitrust Law, IP Reports
Unreasonable counter-offer in FRAND negotiations – Mannheim District Court, judgment dated March 2, 2021 – docket no. 2 O 131/19

The Mannheim District Court applies decisions “FRAND-Einwand” and “FRAND-Einwand II” of the German…

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Patent Litigation, Oppositions and Nullity, Trade Secrets, IP Reports
The German parliament adopts government bill for a Second Act concerning the Simplification and Modernization of German Patent Law

The German parliament adopted the version of the government bill for a Second Act concerning the…

IP News on
Patent Litigation, Licensing & Technology Transfer, Antitrust Law, IP Reports
Application of the FRAND objection following the FCJ judgments FRAND-Einwand and FRAND-Einwand II, Düsseldorf District Court, judgments dated May 11, 2021 – docket nos. 4b O 83/19, 4b O 23/20, and 4b O 49/20

The Düsseldorf District Court follows the guidelines of the German Federal Court of Justice (FCJ)…

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Patent Litigation, Licensing & Technology Transfer, Antitrust Law, IP Reports
FRAND-Einwand II: German Federal Court of Justice, judgment dated November 26, 2020 – docket no. KZR 35/17

With its new decision FRAND-Einwand II, the German Federal Court of Justice did not only confirm its…

IP News on
Patent Litigation, Oppositions and Nullity, IP Reports
The first year with the new Rules of Procedure of the Boards of Appeal RPBA 2020 – An overview and recommendations

This IP Report takes a look at the application of amended Art. 13(1) and (2) RPBA 2020 in these…

IP News on
Patent Prosecution, Trademarks, Designs, IP Reports
Brexit: Address for service in proceedings before the IP Office of the United Kingdom

In proceedings before the IP Office of the United Kingdom (UKIPO), representation by a lawyer or…

IP News on
Oppositions and Nullity, Patent Prosecution
User survey on the amendment of the Rules of Procedure of the Boards of Appeal by adding a new Article 15a (oral hearing as a video conference)

May oral proceedings before courts be held as pure video conferences, even in times outside of a…

IP News on
Patent Litigation, Oppositions and Nullity, IP Reports
Regarding claims for provision of information and rendering of accounts regarding deliveries abroad – the decision passed by the Higher Regional Court of Duesseldorf, docket no. I-2 U 25/19

According to a judgment by the Higher Regional Court of Duesseldorf dated August 13, 2020, a…

IP News on
Trademarks, Designs, IP Reports
Brexit and Trademarks and Designs

Starting with a summary of the provisions in the Withdrawal Agreement, we will present a more…

IP News on
Patent Prosecution, Chemistry, Pharma & Life Sciences, IP Reports
Regarding the patentability of plants and animals in Europe – the G 3/19 decision (“Pepper”) of the European Patent Office

European patents on plants, plant material or animals exclusively obtained by means of an…

IP News on
Patent Litigation, Oppositions and Nullity, Patent Prosecution, IP Reports
The ministerial draft bill ratifying the Unified Patent Court Agreement (UPCA) – is the UPCA ready to enter into force?

The history of the Unitary Patent and the Unified Patent Court project has been full of surprises…

IP News on
Patent Litigation, Antitrust Law, IP Reports
FRAND objection: German Federal Court of Justice, judgment dated May 5, 2020 – docket no. KZR 36/17

By its recently published judgment dated May 5, 2020, docket no. KZR 36/17, the German Federal Court…

IP News on
Patent Litigation, Trademarks, Designs, IP Reports
Procedural right to equality of arms and hearing respondents in preliminary injunction proceedings – German Federal Constitutional Court, decision dated June 3, 2020, case no. 1 BvR 1246/20

With its decision dated June 3, 2020, the German Federal Constitutional Court (FCC) confirms and…

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Trademarks
Reform of the German Trademark Act transposing Trademark Directive (EU) 2015/2436: Significant amendments and new possibilities

The Modernization Act came into effect in two steps:  The first part became effective on January 14,…

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Patent Litigation, Oppositions and Nullity, Patent Prosecution, IP Reports
The German Act on the Ratification of the UPCA null and void – Just an operational accident or an incurable disease?

The Act has been declared null and void because it had not been approved by the two-thirds majority…

IP News on
Patent Litigation, Licensing & Technology Transfer, Patent Prosecution
Obligations of SEP holders and SEP users (Higher Regional Court of Karlsruhe, judgment dated October 30, 2019, docket no.: 6 U 183/16)

The decision relates to the specification of various criteria regarding the enforcement of…

IP News on
Patent Prosecution, Antitrust Law
CJEU on the assessment in terms of antitrust law of pay-for-delay agreements between the holder of pharmaceutical patents and the manufacturers of generic medicines – Generics (GB), GSK et al. vs. Competition and Markets Authority

The decision has many facets and includes important statements regarding the general question of the…