Patent Law

1. German Federal Supreme Court: Indirect patent infringement also arises when goods essential to a protected invention are supplied to other countries from Germany, if the goods contribute to the manufacture of an invention intended for Germany (Case X ZR 53/04 – Funkuhr II/Radio Clock II)
Reported by Clemens Rübel

2. German Federal Supreme Court further defines the relation
between the embodiments described in the description and the meaning of the claims of a patent (Case X ZR 131/02 – Schussfädentransport/woof yarn transport)
Reported by Martin Hohgardt

3. European Patent Office: Scope of the exclusion of surgical treatment from patent protection referred to the Enlarged Board of Appeal in case G 1/07 (Case T 992/03)
Reported by Dr. Rudolf Teschemacher

Trademark Law

4. European Court of Justice on parallel importation of medical products: ECJ decides the second Boehringer case pending since 2004 (Case C-348/04, Boehringer Ingelheim KG et al. v Swingward Ltd. et al.)
Reported by Dr. Alexander von Mühlendahl

5. European Court of Justice re TRIVASTAN/TRAVATAN: ECJ clarifies principles of likelihood of confusion applicable in conflicts between trade marks for pharmaceuticals (Case C-412/05 P, Alcon Inc. v OHIM and Biofarma SA)
Reported by Dr. Alexander von Mühlendahl

6. European Court of Justice: OHIM fails with its appeal against the CFI decision annulling a decision refusing registration of CELLTECH (Case C-273/05 P – OHIM v Celltech R&D Ltd.)
Reported by Dr. Alexander von Mühlendahl

7. European Court of Justice re ARCOL/CAPOL: New facts and evidence may be introduced in appeal proceedings before OHIM’s Boards of Appeal only when the presentation is not “late” (Case C-29/05 P, OHIM v Kaul GmbH)
Reported by Dr. Alexander von Mühlendahl

8. German Federal Supreme Court decides on registrability of tactile marks (Case I ZB 73/05 – Tastmarke/Tactile Mark)
Reported by Florian Traub

9. German Federal Supreme Court: Further decision on liability of eBay’s online auction house in case of clear trademark infringement (Case I ZR 35/04 – Rolex II)
Reported by Christine Fluhme

10. Berlin Appeal Court confirms that a trademark application regularly merely establishes a risk of first infringement (Case 5 W 320/06 – Markenanmeldung/Trademark Application)
Reported by Verena Wintergerst

Design Law

11. Office for Harmonization in the Internal Market: Board of Appeal provides further guidance on the interpretation of the requirements of protection under the Community Designs Regulation (Case R 196/2006-3 – Daka Research Inc v Ampel 24 Vertriebs-GmbH & Co KG)
Reported by Thomas Huber

Unfair Competition Law

12. German Federal Supreme Court: Further guidance on supplementary protection against unfair competition (Case I ZR 270/03 – Stufenleitern/Step ladders)
Reported by Dr. Henning Hartwig

13. German Federal Supreme Court rules on the treatment of overhead costs in an accounting for damages in cases of supplementary protection against unfair competition (Case I Z 6/04 – Steckverbindergehäuse/Connector Assembly Casing)
Reported by Verena Wintergerst

Published on
May 2007
Author
Martin Hohgardt
German and European Patent Attorney, Partner
Rudolf Teschemacher
Senior Consultant
Christine Fluhme
Attorney-at-Law, Counsel
Henning Hartwig
Attorney-at-Law, Partner
Clemens Rübel
Florian Traub
Verena Wintergerst
Thomas Huber