The Court addresses the issue of how to deal with a feature of a patent claim that was not originally disclosed, but the deletion of which would lead to a broadening of the scope of the claim and would thus not be admissible. The Court allowed that the feature remains in the claim, provided that…

While in the past the German courts generally presumed that exposing a product on a trade fair constituted an infringing offer and, hence, a danger of repetition, the District Court of Mannheim recently raised the burden of demonstration and proof for patent owners. Following the (vague) reasoning of the Federal Supreme Court in a trademark…

Germany is still busy handling its first big wave of patent troll litigation. At this stage it seems that some trolls may have underestimated the power of bulk defence. In a case concerning mobile telecommunication, a troll picked the last member of the distribution chain, a network provider, as defendant in patent infringement proceedings. As…

The German Federal Court of Justice (BGH) recently further confirmed the basic tendency of bringing national case law into line with that of the European Patent Office. In the decision “Wiedergabe topographischer Informationen” (Reproduction of topographical information)BGH.Wiedergabe.topografischer.Informationen.X.ZR.47-07, the Federal Court of Justice had to deal with a method and device for the perspective display of…

The Patent Chambers of the Regional Court Munich headed by Judge Guntz and Judge Kaess, introduced a revised procedure to accelerate patent infringement litigation proceedings at the end of 2009. After one year, the new proceedings are well accepted by practitioners. The new proceedings generally procure more time and cost efficient patent infringement proceedings. The Munich Patent Chambers aim at offering an attractive court for patent litigation in competition with the popular courts in Düsseldorf and Mannheim.

The Court addresses the issue of potential contradictions between features in the generic part and in the characterizing part of a patent claim and the impact on claim construction. Such contradictions may not be resolved by leaving out the features of the generic part when the claim allows for a claim construction which is free…

The Supreme Court specifically addresses the issue of consideration of decisions issued in parallel cases before the European Patent Office or before national courts in EPC Member States and holds that such decisions may not be left unconsidered. A full summary of this case has been published on Kluwer IP Law.