The Federal Supreme Court just handed down a long-expected judgment on the prerequisites under which a plaintiff has to provide a collateral for legal expenses. The result may encourage further trolls to use the German litigation system. Background Under Sec. 110 German Code of Civil Procedure (ZPO), a person who files a civil suit in…
Based on method claims, German Patent Law does not only grant the patentee an exclusive right to exercise the method on the German territory, but also a monopoly to offer, bring into circulation or to use in Germany a “fruit” that is the immediate result of the patented method (Sec. 9 (3) German Patent Act)….
On the defendant’s side, knowing what the patent dispute is all about is essential for your strategy. Not only do you need to adjust your non-infringement arguments to the plaintiff’s assertions concerning how the features of the claim are fulfilled in the attacked embodiment. Even more importantly, the scope of an infringement verdict is determined…
by Dr. Ulrich Pross, rospatt osten pross Sec. 522 Civil Procedure Act (CPA) provided that courts competent to hear appeals on fact (Berufungsgerichte) can and must reject an appeal (Berufung) immediately without hearing if – the appeal has no chance of success, – the case is not of fundamental significance, and – neither the development…
There are three compulsory rules you must observe when challenging a judge on grounds of bias: 1) Be prepared. 2) Use good reasons. 3) Have a worthy goal. I wish to exemplify this by a hearing I had just recently: As some of you may know, the current presiding judge of the appeal board for…
