by Bernward Zollner Since the beginning of 2014 a second senate for patent infringement cases (under presiding judge Dr. Ulrike Voss) has commenced to work. The already existing senate (under presiding judge Dr. Thomas Kühnen) could share the pending cases with the new sister-senate. This resulted in a schedule for the time between the submission…

by Dr. Simon Klopschinski In one of its latest orders the Karlsruhe Higher Regional Court has used the opportunity to take a glimpse into the crystal ball, in order to see what decision the Court of Justice of the European Union (CJEU) is going to render in response to the pending referral for preliminary ruling…

Many practitioners in Germany thought the doctrine of equivalence to be rather at its end following two Supreme Court (BGH)-decisions in 2011 (“Okklusionsvorrichtung” and “Dyglycidverbindung”). Now, the renowned Higher Regional Court Duesseldorf has – in my eyes, correctly – made clear that the old dog is still alive. Background According to standard practice of the…

The use and circulation of a product which has been put on the market by the patentee or a third party acting with the consent of the patentee (e.g. a licensee) cannot be prohibited by the patentee anymore. This concept of exhaustion is not only applicable to the territory of Germany, but to the entire…

by Hetti Hilge The Higher Regional Court Düsseldorf has set up a second Senate (panel of judges) that is specifically competent for patent infringement litigation. The Higher Regional Court is the appeal instance for first instance judgments of the Regional Court Düsseldorf in patent cases. Already at the beginning of 2013, a third civil chamber…

Under the legal principle of forfeiture of claims a patentee can deprive himself of claims for patent infringement if he asserts them in legal proceedings at such a late stage (time factor) that the infringer from an objective perspective could trust that he would not anymore be subjected to the claims and has made dispositions…

by Stefan Lieck Based on the act for simplification and modernization of Patent Law (“Patentrechts-modernisierungsgesetz”) patent nullity proceedings in Germany have been reformed fundamentally in order to accelerate the appeal proceedings significantly. Therefore, the Federal Patent Court (“Bundespatentgericht”) that is responsible in the first instance shall determine the facts of the case exclusively whereas the…

by Stephan von Petersdorff-Campen Under section 7 (1) of the Law on Employee Inventions (ArbErfG), all the rights in an invention made by an employee in the context of his employment relationship pass to the employer by virtue of law as soon as the employer announces his claim to the invention. With its “Initialidee” (Initial…