Since January 2019, China has had an IP court for appeals and therefore for all intellectual property proceedings. This is a signal from the Chinese government to improve the legal protection of intellectual property in China for both national and international companies.
It is sufficient for the certainty of the claim that the requested prohibition is directed against a specific form of infringement. This guiding principle of the BGH is an important basis for filing an action without disclosing a business or trade secret.
Apple today before the German Court LG Mannheim has won against Qualcomm. The lawsuit for Apple's patent infringement was dismissed. However, today's ruling has no direct effect on the enforceable sales ban on Apple iPhone models as a result of the recent ruling by the Munich Regional Court.
On Tuesday, the Indian Supreme Court restored Bayer AG's Monsanto patent claim on genetically modified Bt cotton for the time being, thereby overturning a judgment to the contrary in April 2018. Until the Delhi Supreme Court decides on the validity of the patent, Monsanto may charge royalties on Bt cotton in India.
The German part of a European patent on PCT diagnostic for sepsis of the Hennigsdorf-based medical device manufacturer B-R-A-H-M-S GmbH was partially invalidated by the BPatG.
The Munich Regional Court ruled on 20 December that Apple had infringed Qualcomm's patent rights in several iPhones. Qualcomm deposited the high security deposit and could enforce a sales ban on several iPhones in Germany.
A betrayal of trade and company secrets also exists if a former employee only has private notes of his former activity. The acquired know-how may only be retrieved as a memory in the mind, the German Federal Court of Justice states in its ruling on trade secrets.
A supplementary protection certificate cannot be granted for a medicinal product which is protected by the basic patent and placed on the market - even if the product is a new formulation of an "old" active substance. The Advocate General recommends it today in an important SPC preliminary ruling in the Abraxis and
Patents on plants and animals from conventional breeding have become more likely since this week. In a hearing before the Board of Appeal of the European Patent Office on the Syngenta patent on wild pepper, a far-reaching decision war announced.
While a patent application is pending in the appeal instance, a declaration of division of the application is to be made exclusively to the BPatG, not to the DPMA. There is also no absolutely definable time limit for the division of the application, the BPatG ruled in two lead decisions.
The European Patent Office (EPO) has revoked Bayer AG's controversial Monsanto biopatent, which was intended to protect the breeding of broccoli to facilitate harvesting. It is the first revocation of a biopatent since the introduction of the newly revised EU regulation for biopatents in 2017.
The German federal government has just decided that Germany shall become one of the world's leading areas for artificial intelligence. Reason enough to take a look at the EU directive for AI and ML, which has just entered into force.
As a result of an effective waiver of appeal, a decision to grant a patent application in Germany becomes final before the expiry of the one-month appeal period. In this case, however, a division of the application is no longer possible, the BPatG ruled.
Chip manufacturer Broadcomm has filed patent suits against VW before two German courts. The lawsuit could result in billions in damages for VW and threatens the entire automobile industry with its new models. It is about the key patents for the networked car.