Countries, EPC

(Hoffmann Eitle)/

An interesting case decided by Technical Board of Appeal 3.5.5 in May 2009 strives to put an end to the (occasional) practice of some applicants and/or their European representatives of trying to again pursue in a divisional application a claim that was finally rejected in the parent application. The decision further develops existing case law…

Enforcement, Germany, Injunction, Procedure

(Hoffmann Eitle)/

In its decision of 20 October 2010 (Docket No. 21 O 7563/10), Regional.Court.Munich.20.10.2010 the Regional Court Munich had to decide on whether “urgency” is required for measures for securing evidence and, whether the request for measures for securing evidence must be rejected if the opponent is obliged to preserve the relevant documents, for instance pursuant to pharmaceutical or tax laws. The Court denied both questions and has therefore issued a decision which allows right-holders to effectively secure evidence.