Realization of technical effects and “inferior embodiments”: When an attacked embodiment realizes…
The “same invention” test for priority (Art. 87 EPC) equals the standard for added matter,…
A stay under R. 21.2 RoP requires an appeal against a preliminary objection decision.: The Court of…
Substantive content of application filed in non-EPO language: If an (international) patent…
The Court may limit its review to the “most promising” attacks: A high number of undifferentiated…
An application for security for costs may be filed after the summon for oral hearing has been…
Competence of LD Hamburg, Art. 33 (1) lit. a UPCA: imminent infringement: To establish jurisdiction,…
Inventive step analysis: objective problem, realistic starting points (more than one is possible),…
Decision by default: According to R. 355.2 RoP, a decision by default against the defendant may only…
The need for a certain amount of time to assess infringement does not generally constitute an…
Regular order in the PI proceedings (no decision by default) if the defendant does not lodge an…
If an application for provisional measures is to be served under the Hague Convention, and the…
System of penalties under the Rules of Procedure, specifics of a penalty order (R. 354.3, R.354.4…
“Offering” according to Art. 25. a) UPCA: The term “offering” within the meaning of Art. 25 a) UPCA…
A preliminary objection to jurisdiction under Rule 19.1(a) RoP can include challenging the validity…
An infringement action can be withdrawn with the defendant’s consent under Rule 265.1 RoP, leading…
Added matter standard – directly and unambiguously derivable: Whether the subject matter of the…
Intervention in appeal proceedings is admissible if a direct legal interest in an interim order is…
