Legal Areas

Legal Areas

Industries

Industries

IP News on
IP Reports, Patent Litigation, Oppositions and Nullity, Mechanical Engineering
FCJ, Judgment of October 24, 2017 - “Trommeleinheit” [Drum Unit] – court docket: X ZR 55/16, GRUR-Prax 2018, 50

German Federal Court of Justice rules on the distinction between repair and reconstruction when…

IP News on
IP Reports, Trademarks, Food
Court of Justice of the European Union: "Champagne Sorbet" does not infringe "Champagne" if the sorbet contains Champagne and has a taste attributable primarily to the presence of that ingredient

CJEU established, for the first time, principles for the use of a protected designation of origin as…

IP News on
IP Reports, Designs
German Federal Court of Justice: Right of prior use under design law based on preparatory acts pursuant to the German Design Act (DesignG) requires acts in Germany (judgment dated June 29, 2017, docket no. I ZR 9/16 – Bettgestell)

The German design manufacturer e15 Design und Distributions GmbH (e15) is the proprietor of German…

IP News on
IP Reports, Patent Litigation, Chemistry, Pharma & Life Sciences
German Federal Court of Justice confirms the compulsory license granted by way of a preliminary injunction for the AIDS drug Isentress; the EPO Board of Appeal then revokes the European patent

German Federal Court of Justice, judgment dated July 11, 2017 – “Raltegravir” – docket no. X ZB…

IP News on
IP Reports, Designs
European Court of Justice: No limitation of relevant prior art to certain product categories // Taking notice of relevant prior art by the informed user not required (judgment of Sept. 21, 2017, cases C 361/15 P and C 405/15 P – shower drainage channel)

The Dutch company Easy Sanitary Solutions (ESS) filed the registered Community design (RCD) No.…

IP News on
IP Reports, Patent Litigation, Patent Prosecution
German Federal Court of Justice on financial compensation of co-authorized persons with regard to patents (BGH, “Sektionaltor II” judgment of May 16, 2017 – Case X ZR 85/14)

When assessing whether a claim for financial compensation of co-authorized persons is necessary with…

IP News on
IP Reports, Patent Litigation, Oppositions and Nullity, Patent Prosecution, Mechanical Engineering
German Federal Court of Justice on claims for recall and removal in Germany in case of acts performed abroad (BGH, judgment “Abdichtsystem” of May 16th, 2017 – Case X ZR 120/15)

Sales completely performed abroad may under certain circumstances constitute patent infringement in…

IP News on
Patent Litigation, Oppositions and Nullity, Patent Prosecution, Patent Valuation, Munich, IP Reports
Unitary Patent and Unified Patent Court stopped just before the Finish Line - Perspectives after the General Election in the United Kingdom and the Suspension of the Signing of the Implementing Laws in Germany

The somehow never-ending story of the unitary patent system was just “enriched” by some further…

IP News on
Oppositions and Nullity, Patent Prosecution, IP Reports
EPO Board of Appeal 3.3.05 on the correct exercise of discretion by Opposition Divisions (decision of November 15, 2016 – case T 66/14 "Treatment of biological waste/FRAUNHOFER-GESELLSCHAFT")

Late-filed documents, which are submitted to show the knowledge of the person skilled in the art,…

IP News on
Patent Litigation, Patent Prosecution, Patent Valuation, IP Reports
The German Federal Court of Justice on availability of injunctive relief and equivalent patent infringement (BGH, judgement of May 10th 2016 – X ZR 114/13)

The present judgement can be considered a landmark case because the German Federal Court of Justice…

IP News on
IP Reports
EPO Board of Appeal 3.5.07 on public prior use by software sold before the priority date of a patented computer-implemented method and executing said method (decision of September 15, 2015 – Case T 2440/12-3.5.07 "Fluid flow simulation/SIMCON")

A software product sold before the...

IP News on
IP Reports
Higher Regional Court of Dusseldorf on the relevance of patent infringement in tender proceedings (decision of December 1, 2015 – Case VII-Verg 20/15)

Bidders in tender proceedings lack the necessary personal suitability if offering their tendered…

IP News on
IP Reports
The Unitary Patent & Unified Patent Court System – Perspectives after the Brexit Referendum

Before the Brexit referendum, the public was warned that a Brexit would ruin the timeline for the…

IP News on
IP Reports
German Federal Supreme Court: Infringement of a three-dimensional trademark of the shape of a chocolate bar – Acquired distinctiveness (decision of October 21, 2015 – Case No I ZR 23/14 – Bounty)

On October 21, 2015, the German Federal Supreme Court found a consumer survey demonstrating 53.2 %…

IP News on
IP Reports
IP Report 2016 Special
IP News on
Fast access to protecting and defending IP rights during the Mobile World Congress in Barcelona

On the occasion of the Mobile World Congress (MWC), the Barcelona Commercial Courts have renewed…

IP News on
BARDEHLE PAGENBERG IP News & Discussions: “Patent invalidation procedures at the EPO and the German Federal Patent Court – A fair balancing of the interests of the public and the patentee?“

In the course of the last decades, patent practitioners got the impression from their daily…

IP News on
IP Reports
Cologne Appeal Court: Protection of chocolate packaging against misappropriation despite different brands (decision of February 20, 2015 – Case No 6 U 99/14 – Chocolate packaging)

In January 2012, the Cologne Appeal Court, in summary proceedings, had dismissed claims of August…