elements of the offense of infringing another’s right under the law of unjust enrichment. However, there is no justification for excluding an obligation of restitution for contributory acts of...

Board of Appeal of the CPVO and the General Court of the EU (formerly Court of First Instance) remained unsuccessful. Now, the ECJ has dismissed the appeal of Mr Schräder against the decision of...

manifest in that only 12 of the 26 claims of the foreign-language application were entirely translated. The legal fiction of the non-filed application – that is the denial of the filing date –...

most recently as chairman of a Technical Board of Appeal in the field of life sciences and as a member of the Enlarged Board of Appeal. He is also a member of the team of authors of the...

Regional Court of Munich I, also defines the onus of presentation and burden of proof regarding the use of portfolio patents in a manner that benefits the Plaintiff. While the Regional Court of...

first time in the history of the UPC system ruled on the requirements for the finding of infringement of second medical use claims. The Court held that for a finding of infringement of second...

the participation of merely Member States of the EU in order to accommodate the concerns raised in the opinion of the European Court of Justice G 1/09 with regard to the participation of...

Designs Regulation ”) [1] and the text of “Directive (EU) 2024/2823 of the European Parliament and of the Council of October 23, 2024, on the legal protection of designs (recast)” (“ Designs...

freedom (Article 10 [2] CDR), (ii) the concept of the informed user and his level of attention (Article 10 [1] CDR), (iii) the scope of the General Court’s power of review (Article 61 [2] CDR),...

freedom (Article 10 [2] CDR), (ii) the concept of the informed user and his level of attention (Article 10 [1] CDR), (iii) the scope of the General Court’s power of review (Article 61 [2] CDR),...

and maintained the proper distribution of the burden of proof throughout the proceedings. 2. Assessment of evidence The Applicant challenged the Board’s evaluation of the evidence, pointing to...

joint use of the goods thus offered for sale and the specific goods of the holder of those rights, carries out an act of reproduction for the purpose of making ‘citations’ within the meaning of...

office proceedings. In doing so, the Board of Appeal primarily confirmed the reasoning of the previous decision. The Board of Appeal upheld the finding that the sound sequence reproduced the...

remains pending until the expiry of the time limit of 2 months for filing the appeal. 5. One of the aims of the introduction of the time limits in 2010 was to prevent a misuse of divisional...

The decision of the Higher Regional Court of Duesseldorf (“Higher Regional Court”) deals with the interpretation of a patent claim in case of objectively incorrect, claim limiting, cited prior...

the level of renewal fees. For the latter, the EPO has revised its original proposal (SC/4/15 of March 3, 2015) and submitted a new document SC/18/15 of May 7, 2015 to the Select Committee of...

the decision of the Opposition Division of the EPO, iVIS had filed a complaint against SCHWIND before the Regional Court of Mannheim in February, asserting the infringement of claim 1 of EP 1...