The proprietor of a patent who has granted an exclusive license to a third party, has the right – in case of patent infringement – to assert its own claims against the infringer if said proprietor has gained continuing economic advantage from having granted the license. If the patentee is the sole shareholder of licensee…
“Danger of delay” is not a requirement for the issuance of an ex parte inspection order. The inspection order need not to be filed immediately after the patent owner has acquired knowledge that the patent is (about to be) infringed. Click here for the full text of this case. A summary of this case will be…
The Court of Appeal Duesseldorf held that, provided that the alleged infringer proves a legitimate interest in confidentiality, the presentation of the expert opinion to the patentee itself depends on whether the inspection confirms infringement. If the expert opinion confirms infringement, and if the court has no expertise in the relevant technical field, it may…
The decision of the Board of Appeal of the European Patent Office which revokes a European patent due to lack of inventive step, is a supra-national legal instrument which can be the object of a complaint to the German Constitutional Court. Such complaints are only admissible if the protection of fundamental rights is no longer…
