In an earlier decision (BGH M2Trade), the Court held that the termination of the main license agreement does not automatically lead to a termination of the sublicense. It remains in force when the main license is terminated for reasons such as a mutual agreement of the main licensor and the main licensee who is also…
Although the right of the main licensee to use the invention automatically fell back to the licensor upon the licensee’s insolvency, the Court held that the sublicensee enjoys protection of succession and that the sublicense continued to exist despite the termination of the main license. Click here for the full text of this case. A summary…
and Bernd Kröger. A combination of two pharmaceutical ingredients, i.e. leflunomide and teriflunomide is to be considered obvious if the person skilled in the art uses an obvious process to obtain leflunomide that automatically results in – even with a certain delay – both components due to a chemical reaction. Click here for the full text…
The Court held that a lack of impartiality of a court-appointed expert can be assumed if the expert maintains a close economic relationship with one of the parties. This is not necessarily so where the expert was engaged by a third party that maintains a consulting relationship with one of the parties. A summary of…
This decision deals with a court order to obtain an expert opinion in a nullity appeal proceeding subject to the new procedural rules that apply to nullity actions filed since October 1, 2009. Due to revised rules in nullity appeal proceedings, as a general rule, the appeal court shall decide on legal questions only, and…
The Appeals Court held that an argument that was not raised in first instance proceedings, shall not be considered a new matter, and consequently be dismissed, if it only further specifies or clarifies the line of argumentation in first instance. On the other hand, f the plaintiff refers to the specifics of a technical teaching…
Under the doctrine of equivalents, a patent does not convey protection for all options disclosed in the broader patent description if these options are not specifically included in the patent claims. Click here for the full text of this case. A summary of this case will be posted on http://www.Kluweriplaw.com
(1) The FCJ decided that if a plaintiff can prove there was an “offering” of means for the patented purposes, it can be assumed that the means were also delivered for those purposes, and that therefore the plaintiff has a right to claim damages and the provision of information due to indirect infringement. The means of proof will be sufficient even if, in cases of indirect infringement, it was only with the delivery for the patented purposes that the damages were incurred.
(2) Furthermore, when a patent is assigned during pending patent infringement proceedings, the right of the assignee to claim damages shall arise starting on the date of the assignment agreement, and not on the date of registration (contrary to the case law of the Higher Regional Court Dusseldorf). With regard to claims to damages for the time period after assignment, the plaintiff (assignor) will need to assert that payment must be made to the assignee.
by Bernward Zollner The term “offering” must be understood in a broad sense. It is sufficient that the per-son who is offering draws the attention of the public to the offered object so that – clearly – advertisements or brochures can be qualified as an offer in the sense of the patent statute. In this…
by Stefan Lieck In a judgement of 17 January 2013 (docket no. I-2 U 87/12), the Düsseldorf Higher Regional Court confirmed its previous case law according to which the issuance of a preliminary injunction against generic companies based on patent law is possible under less stringent conditions. According to the case law of the Düsseldorf…
