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Patent Litigation, Oppositions and Nullity, Trade Secrets
Bill of the German Federal Ministry of Justice and Consumer Protection for a Second Act concerning the Simplification and Modernization of German Patent Law (Second Patent Law Modernization Act (2. PatMoG))

On January 14, 2020, the German Federal Ministry of Justice and Consumer Protection published a bill…

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Patent Prosecution
Sufficiency of Disclosure and Enablement; German Federal Court of Justice, judgment dated January 8, 2019 – docket no. X ZR 58/17

In its judgment dated January 8, 2019, docket no. X ZR 58/17, the German Federal Court of Justice…

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IP Reports, Software, IT & Computer Technology, Patent Prosecution, Patent Litigation
Amicus curiae brief concerning G 1/19 - Patentability of computer-implemented simulation methods - Underlying decision: T 489/14 (Pedestrian simulation/CONNOR)

The well-established “two hurdle approach” seems to be fully appropriate for assessing inventive…

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Designs, Sports
Protectability of a design, the representations of which show different embodiments of a product – Federal Court of Justice, decisions of Dec. 20, 2018, docket nos. I ZB 25/18 – Sporthelm [sports helmet] and I ZB 26/18 – Sportbrille [sports glasses]

In two groundbreaking decisions that change the settled case law, the Federal Court of Justice…

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Patent Litigation, Oppositions and Nullity, Patent Prosecution
Claims for residual damages with respect to acts for which these claims are statute-barred – German Federal Court of Justice, judgment dated March 26, 2019 – docket no. X ZR 109/16 – Spannungsversorgungsvorrichtung [power supply device]

In the aforementioned decision, the 10th Civil Senate of the German Federal Court of Justice ruled…

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Patent Litigation, Patent Prosecution
Interpretation of a patent claim in differentiation from the prior art - Federal Court of Justice, judgment of 27.11.2018, X ZR 16/17 – Scheinwerferbelüftungssystem

In its decision, the Federal Court of Justice deals with the interpretation of a patent claim in…

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Patent Litigation, Patent Prosecution
BARDEHLE PAGENBERG's Contribution to the Public Consultation: EPO Strategic Plan 2023

BARDEHLE PAGENBERG has taken the opportunity to participate in the EPO’s public consultation on the…

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Patent Litigation, Patent Prosecution
Preliminary decision regarding the amount of security for enforcement – Higher Regional Court of Karlsruhe, partial judgment dated October 10, 2018, docket no. 6 U 82/18

In a preliminary decision, the Higher Regional Court of Karlsruhe deals with the question which…

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Trademarks, Designs
"Hard" Brexit? – What happens to EU trademarks and Community designs?

On March 29, 2019, the United Kingdom (UK) will leave the European Union (EU). If this should happen…

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Patent Litigation, Trademarks, Designs
Preliminary injunction proceedings in Germany: Equality of arms and hearing the respondent

The decisions of the Federal Constitutional Court relate to the involvement of the respondent in…

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Patent Prosecution, Patent Litigation, Oppositions and Nullity
Direct patent infringement of combination patents and recall from obligors abroad if patent-free replacement deliveries are possible – Higher Regional Court of Düsseldorf in “Beheizbarer Boden für Viehställe”

In the above-mentioned decision, the Higher Regional Court deals with three legal aspects: First,…

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Trademarks, Automotive
Surprising extension of trademark protection: The Court of Justice of the European Union holds that “debranding” of imported original products is trademark infringement

In its judgment of 25 July 2018 in Case C-129/17, Mitsubishi Shoji Kaisha Ltd v. Duma Forklifts, the…

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Patent Prosecution, Patent Litigation, Oppositions and Nullity
The right of prior use of a manufacturing supplier: Can a merely indirect act of prior use legitimize a direct act of use? "Schutzverkleidung für funktechnische Anlagen" – CoA Düsseldorf, docket no. I-15 U 49/16

Higher Regional Court of Düsseldorf on the scope of the right of prior use of a manufacturing…

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Patent Litigation, Patent Prosecution
Higher Regional Court of Duesseldorf on financial compensation of joint proprietors of a patent (Higher Regional Court of Duesseldorf, judgment of March 15, 2018 – Case I-2 U 91/13) – “Sektionaltor III”

When assessing whether a claim for compensatory payment of a joint proprietor of a patent is…

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Oppositions and Nullity, Patent Litigation, Patent Prosecution, Electrical Engineering, Semiconductor Technology, IP Reports
Claim interpretation in case of incorrect cited prior art in the patent – Higher Regional Court of Duesseldorf in "proximity switch", Judgment of October 26, 2017 – court docket: 15 U 95/16

The decision of the Higher Regional Court of Duesseldorf deals with the interpretation of a patent…

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IP Reports, Patent Litigation, Oppositions and Nullity, Patent Prosecution
Comments to the Revision of the Rules of Procedure of the Boards of Appeal of the EPO / First Public Draft

Critical thoughts on the Proposed Revision of the Rules of Procedure of the Boards of Appeal of the…

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IP Reports, Oppositions and Nullity, Patent Prosecution, Patent Litigation
The right of priorities: Recent developments in EPO case law

Recent decisions passed by three different instances of the EPO have significant effects on the…

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IP Reports, Designs, Mechanical Engineering
Court of Justice of the European Union (CJEU): Features not protectable by design law, if, from an objective point of view, they have been chosen solely on the basis of considerations of functionality (Judgment of March 8, 2018, Case C-395/16 – DOCERAM)

Court of Justice of the European Union (CJEU): The appearance of a product is only solely dictated…