Control question: remember what this was? You certainly knew the answer had you read Max’s post on Patent Law and Philosophy: this is not just an IBC (Intermediate Bulk Container) for acids and toxins; this is a modern embodi-ment of an ancient Greek paradoxon. Remember: “cage + bottle = IBC”. This much is clear enough,…

The German Federal Court of Justice has maintained Microsoft’s patent relating to alternative handling of short and long filenames. In the first instance, the Federal Patent Court considered the teaching of the patent not inventive over the Rock Ridge Interchange Protocol used for CD-ROMs. However, supported by a court expert the Federal Court of Justice…

The District Court Duesseldorf held that the addressee may not refuse acceptance of a complaint according to Art. 8 para. 1 lit. a) of Regulation (EC) No. 1393/2007 on the Service in the Member States of Judicial and Extrajudicial Documents in Civil or Commercial Matters if the court file contains objective evidence that the document…

German courts (and German attorneys) have been quite creative to improve the position of the patentee in litigation in the past. Last year the Olanzapine- decision of the Appeals Court in Düsseldorf, which rendered a preliminary injunction although the patent had been previously nullified by the Federal Patent Court, has caused a sensation in the…

The Federal Court of Justice presented the following questions to the European Court of Justice: 1. How should the term ‘human embryos’ in Article 6 para. 2 lit. c Directive 98/44 EC be understood? a) Are all development stages of human life from the fertilisation of an egg cell included or are additional conditions required…

The Federal Court of Justice further clarifies the scope of disclosure of a prior art document and the criteria for determining inventive step after the landmark decision ‘Olanzapin’. More specifically, the Court ruled that: a) a prior art disclosure of an enantiomeric compound does not clearly and unambiguously disclose the actual enantiomers unless the disclosure…

The German Federal Supreme Court decided that a forwarder has no procedural obligation to provide essential information for an eligible denial. Hence, a forwarder can plead ignorance concerning the accordance of the transported good with technical teaching of the claimed invention. A forwarder has no general auditing duty concerning infringement of industrial property rights by…

The Federal Court of Justice confirmed the legal reasoning of the Federal Patent Court that a company that continued the business of another company, while it was founded independently from the continued company and does not take over the trade name under which it conducted business, is not bound by a non-contest clause between the…