At the beginning of this year, the German Federal Court of Justice (“FCJ”) rendered in “Tintenpatrone II” (“Ink Cartridge II”) (Docket No. X ZR 94/10) a decision of interest concerning the relation of patentee and exclusive licensee with regard to the claim of damages, following it decisions “Ink Cartridge I” and “Cinch-Plug”. Plaintiff (1) is…
About a month ago Rüdiger Pansch reported on the new “General Terms and Conditions” of the Regional Court of Munich in patent infringement matters (http://kluwerpatentblog.com/2012/03/20/patent-chambers-of-munich-district-court-decree-general-terms-and-conditions/). Now, also the Regional Court of Düsseldorf has put more elaborated advice for the parties in writing. In general, this new procedural order more or less goes along the well-established…
The District Court of Duesseldorf will set up a third division (panel of judges) for patent infringement litigation. In addition, the Duesseldorf Court of Appeal will at least staff up, and possibly set up a second patent senate for appeal cases. With about 600 patent cases per year, the District Court of Duesseldorf is the…
As in other jurisdictions, German Courts try to determine whether an invention is patentable over the prior art by looking at it through the eyes of the notional skilled person at the effective filing date of the patent at issue. In a decision pronounced on March 6, 2012 (docket X ZR 78/09), the German Federal…
Mr X was ordered to pay damages for the infringement of a French patent No. 87‑03865, relating to a massage device, by a decision of the Cour d’Appel of Limoges on 10 September 2001. In the absence of an appeal on a point of law, this decision became irrevocable. However, in a separate action, the same patent was subsequently…
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…
An article in the well-known IP magazine GRUR last year carried the heading “Do exhibitors at trade fairs in Germany enjoy immunity from the courts?” The author came to the conclusion that this question had to be answered in the affirmative after he had read the Federal Court of Justice decision “Pralinenform II” (a trademark…
by Rüdiger Pansch for rospatt osten pross An interesting paper comes with the case management directions of the Munich District Court after the complaint is served upon defendants. It titles “The new AGB of the Patent Chambers” while AGB stands for “Allgemeine Geschäftsbedingungen” meaning General Terms and Conditions, i.e. fixed terms that one party of…
Litigation and EPO Oppositions/Appeals surrounding a controlled-release dosage form of the drug oxycodone, a morphine-like opioid analgesic developed in 1918, has kept Europe’s Pharma IP Lawyers busy for a couple of years. One of the key EP patents in this battle has been EP 722 730, and almost everything about this patent is out of…
In its decision “Okklusionsvorrichtung” (Aga v. Occlutech), the Federal Court of Justice (FCJ) denied patent infringement by equivalent means since the contested infringing embodiment was disclosed in the description as an alternative to the claimed one. This decision was followed in the decision “Diglycidverbindung”. In a nutshell, the FCJ, in continuation of its decisions “Schneidmesser…
