back to the court of appeal for a fresh hearing and decision. In the view of the German Federal Court of Justice, the judgment was to be set aside as the assumptions of the court of appeal did...

courts. Jurisdiction of the Unified Patent Court over SPCs Under Art. 30 of the Agreement on a Unified Patent Court (UPCA), the effect of a supplementary protection certificate equals that of a...

meaning of direct and indirect infringement, hence, the scope of patent protection. As a consequence, these issues of substantive patent law would have fallen under the competence of the Court o...

Ltd. in 2014 which had confirmed a decision of the Duesseldorf District Court of October 11, 2016 (Case 14c O 234/14) in favour of Nintendo. Nintendo is represented by BARDEHLE PAGENBERG. The...

"Intel") and three leading manufacturers of laptops, desktop PCs and servers (case nos. 4c O 58/22, 4c O 59/22, 4c O 60/22) for infringement of the German part of European patent EP 3 376 653 B1...

Regional Court of Karlsruhe deals with the question which facts are to be taken into consideration in the determination of the amount of security for enforcement in patent infringement proceedin...

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 –...

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...

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...

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...