Firm News

BARDEHLE PAGENBERG: Three attorneys reach partner status and a former member of the Enlarged Board of Appeal of the EPO joins the firm as a consultant

Jochen Pagenberg to be inducted into the IP HALL OF FAME

Patent Law

1. Court of Justice of the European Union: Council Regulation (EEC) No 1768/92 does not preclude the grant of a SPC certificate to the holder of a basic patent if one or more certificates have already been granted for the same product (decision of September 9, 2009 – Case C-482/07)
Reported by Dr. Christopher Brückner

2. German Federal Supreme Court on the relevance of correctly formulating the objective problem and of supplementary indications for inventiveness (decision of November 11, 2009 – Case Xa ZR 22/06 –Three-seamed tubular foil sachet)
Reported by Joachim Mader

3. German Federal Supreme Court confirms broad responsibility of forwarding agents for handled goods (decision of September 17, 2009 – Case Xa ZR 2/08 – MP3-player)
Reported by Thomas Schachl, LL.M.

4. European Patent Office (Enlarged Board of Appeal) on the scope of exception to patentability for inventions related to surgery (decision of February 15, 2010 – Case G 1/07 – Treatment by surgery)
Reported by Dr. Rudolf Teschemacher

5. European Patent Office (Enlarged Board of Appeal) decides on questions concerning the language regime (decision of February 16, 2010 – Case G 4/08 – Langue de la procedure)
Reported by Dr. Rudolf Teschemacher

6. European Patent Office (Enlarged Board of Appeal) on the patentability of second medical use inventions (decision of February 19, 2010 – Case G2/08 – Dosage Regime)
Reported by Dr. Thomas Friede

7. Hamburg Appeal Court: Transit of goods through Germany is not an act of patent infringement (decision of December 29, 2009 – 3 U 242/05 – Transit of DVD-players)
Reported by Clemens Rübel

8. Dusseldorf Appeal Court on the infringement of a method claim in Germany when its features are partially realized abroad (decision of December 10, 2009 – Case I-2 U 51/08 – Method of processing telephone calls)
Reported by Dr. Tilman Müller-Stoy and Jörg Wahl

Trademark Law

9. Court of Justice of the European Union: Registration of a slogan as a Community trademark (decision of January 21, 2010 – Case C-398/08 P – Audi AG v OHIM – VORSPRUNG DURCH TECHNIK)
Reported by Dr. Alexander von Mühlendahl, LL.M.

10. Court of Justice of the European Union: Cancellation on absolute grounds – Standing to request cancellation – Descriptiveness – (decision of February 25, 2010 – Case C-408/08 P – Lancôme parfums et beauté & Cie. SNC v OHIM – COLOR EDITION)
Reported by Dr. Alexander von Mühlendahl, LL.M.

11. Court of Justice of the European Union: Liability of advertising keyword providers – Liability of purchasers of keywords (decision of March 23, 2010 – joined Cases C-236/08, 237/08 and 238/08 – Google France SARL & Google Inc. v Louis Vuitton Malletier SA et al – GOOGLE ADWORDS)
Reported by Dr. Alexander von Mühlendahl, LL.M.

12. German Federal Patent Court: European Court of Justice’s doctrine of neutralization does not apply to national trademarks (decision of April 21, 2009 – 24 W [pat] 37/08 – Xxero/Zero)
Reported by Verena Wintergerst, LL.M.

Design Law

13. General Court: Three key lessons from the Court’s first decision on validity of a registered Community design (decision of March 18, 2010 – Case T-9/07 – Grupo Promer Mon Graphic SA v OHIM and PepsiCo Inc)
Reported by Dr. Henning Hartwig

14. OHIM (Board of Appeal) again invalidates Community design for being solely dictated by its technical function (decision of November 12, 2009 – R 1114/2007-3 – Packaging for foodstuffs)
Reported by Thomas Huber

Domain Name Law

15. Munich Appeal Court on the liability of “domain name parking” platforms (decision of August 13, 2009 – Case 6 U 5869/07 – Domain name parking)
Reported by Dietrich Beier

Published on
April 2010
Author
Joachim Mader
German and European Patent Attorney, Partner
Rudolf Teschemacher
Senior Consultant
Tilman Müller-Stoy
Attorney-at-Law, Certified IP lawyer, Commercial Mediator (MuCDR), Partner
Henning Hartwig
Attorney-at-Law, Partner
Dr. Christopher Brückner
Thomas Schachl, LL.M.
Dr. Thomas Friede
Clemens Rübel
Jörg Wahl
Verena Wintergerst, LL.M.
Thomas Huber
Dietrich Beier