The Federal Supreme Court has specified the requirements with which the temporary suspension of the levy of execution of a patent infringement judgment can be achieved. The protection against enforcement by the court of appeal according to § 719 German Civil code in principle requires an application for protection
If a patent in the granted version and also in a limited version is defended in the first instance, any grounds of appeal must challenge any supporting consideration. The BGH issued a ruling on the inadmissibility of an appeal in German patent nullity proceedings.
A patent infringer must surrender the profit he has made from the patent infringement - even after the limitation period for the liability for damages has expired. In a ruling on a guiding principle the BGH stated that there is a claim for residual damages for this profit and a comprehensive claim for information and
The German Patent and Trade Mark Office published statistics on AI patent applications in Germany on the occasion of its annual DPMA User Forum conference. The analysis of the last five years shows that the USA are by far leading, Germany is still in the midfield, and China tripled its patent applications in DE during
The German OLG Düsseldorf rejected the application for a preliminary injunction against a competitor of the drug against breast cancer. The focus is on the possible patent infringement of a use patent with the active ingredient fulvestrant.
Apple has won in the Federal Patent Court. The focus was on Apple's DE patent on display orientation, i.e. the determination and modification of the display depending on whether the user holds his smartphone upright or sideways. This important basic patent was filed as part of the PCT application and was rejected by
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.
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.
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.
Is it possible to become an exclusive licensee through a subsequent contractual agreement? All the more so as the plaintiff's active legitimation before the Düsseldorf Higher Regional Court depended on the assessment of a contract clause under Dutch law.
In a special case constellation, the Higher Regional Court of Düsseldorf ruled on the scope of a right of prior use in the case of direct acts of prior use. We take this as an opportunity to summarise the current case law on the German right of prior use.