‘Why Berlin can’t wait for Brexit in matters of UPC’, is the title of a recent article on the website of the German law firm Kather Augenstein. Main point: if the Federal Constitutional Court dismisses the constitutional complaint against the Unified Patent Court Agreement, the German government will have to finish the ratification procedure immediately,…
Even if the German constitutional complaint against the Unified Patent Court Agreement is dismissed, the German government will not proceed with ratification of the UPCA until the consequences of the Brexit are entirely clear. The German Justice Ministry made this clear in answer to questions of parliament. In a letter earlier this month it stated:…
One of the worst nightmares or, in a few cases, real events in a patent professional’s life is when he/she realizes that an important term has inadvertently been missed and the usual means of term extension are no longer available. What then? Will the hardship of the applicable European or national statute inevitably hit you?…
The Federal Court of Justice held that introducing only selected features of an example into a claim is allowable if the resulting combination in the claimed generality is derivable from the application as originally filed. Further, a general incentive from the prior art does not render the specific embodiment of an invention obvious. Case date:…
by Hetti Hilge In its latest FRAND judgment the Düsseldorf appeal court confirmed that in the context of FRAND evaluation the emphasis shall be – in contrast to English practice – on the ND (‘non-discriminatory’) prong of FRAND. The decision was rendered on 22 March 2019 in the appeal proceedings between Unwired Planet and Huawei…
Perhaps it’s just me becoming more and more impatient with age, but I increasingly wonder why it is that so many things take so long in my home country. The litany is endless, from Berlin airport via Stuttgart 21, to any simple construction site on any German highway. From the formation of our government to…
A nullity action is still admissible after expiration of the patent if it provides the nullity plaintiff, who had been unsuccessful as defendant in infringement proceedings, the possibility of bringing an action for restitution against his conviction and if the nullity plaintiff declares that he intends to make use of this possibility (xref. X ZR…
It seems to be a more and more realistic scenario that the UK may leave the European Union on March 29, 2019 without an agreement. A lot has been written about the effect of such a “hard Brexit” on trade in general and –more interesting to us working in the patent field- on the future…
The German Federal Supreme Court has decided on what is necessary to establish a legal interest in a declaratory judgment of non-infringement under German law. The Supreme Court’s decision, which we will discuss in this post, is available in German (X ZR 62/16 – “Slug Bait”). The case concerned the declaration of non-infringement (“DNI”) of…
The Federal Court of Justice confirmed that German Courts should take into consideration decisions rendered by the EPO deciding bodies and Courts of other EPO member states. If the decisions differ, the German Courts should deal with the earlier reasons in detail. Case date:04 April 2017 Case number: X ZR 61/15 Court: Federal Court of Justice…
