Posted: April 6th, 2020
With its decision no. 1111 on 20th January 2020, the Italian Supreme Court issued a ruling on employees’ inventions, with reference to the right to a fair compensation. The Italian legislator distinguishes three different situations for employees’ inventions, and provides for different rules on their ownership and rights of the employee for each scenario: i) […]
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Posted: April 3rd, 2020
Obligations of SEP holders and SEP users, Higher Regional Court of Karlsruhe, judgment dated October 30, 2019, docket no.: 6 U 183/16 The decision rendered by the Higher Regional Court of Karlsruhe (“Higher Regional Court”) relates to the specification of various criteria regarding the enforcement of standard-essential patents laid down by the Court of Justice […]
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Posted: April 3rd, 2020
New guidelines for the FRAND defence in patent infringement proceedings by the Munich District Court I With the notice on handling the defense of compulsory license under antitrust law according to Huawei v. ZTE within Munich proceedings in patent litigation, the German original and the English translation of which are attached hereto, the Regional Court […]
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Posted: March 27th, 2020
A press relaease issued yesterday by Christine Lambrecht, the German minister of Justice and Consumer Protection states: “I will continue to work to ensure that we can provide the European innovative industry with a single European patent with a European patent court. The Federal Government will carefully evaluate the decision of the Federal Constitutional Court […]
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Posted: March 27th, 2020
Higher Regional Court of Munich on the requirements for the reasons for a preliminary injunction in patent litigation – change of previous case law (judgment of December 12, 2019 – Case 2 U 4009/19*) – “Leiterklemme” In patent litigation, the reasons for an injunction necessary for the issuance of a preliminary injunction generally require that […]
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Posted: March 26th, 2020
CJEU, judgment dated January 30, 2020 – Case C-307/18 According to the CJEU, pay-for-delay agreements between the holder of pharmaceutical patents and manufacturers of generic medicines have the object of restricting competition and, thus, violate Art. 101 TFEU if the assets transferred to the manufacturers of generic medicines do not have any explanation other than […]
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Posted: March 24th, 2020
Bill of the German Federal Ministry of Justice and Consumer Protection for a Second Act concerning the Simplification and Modernization of German Patent Law (Second Patent Law Modernization Act (2. PatMoG)) On January 14, 2020, the German Federal Ministry of Justice and Consumer Protection published a bill for a Second Act concerning the Simplification and […]
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Posted: March 20th, 2020
German Law on the Unified Patent Court Agreement null and void on the grounds of a legislative defect, Germany, Constitutional Court (BVerfG), decision of February 13, 2020, published March 20, 2020, case no. 2 BvR 739/17 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The BVerfG declared the German Law on the Unified Patent Court Agreement […]
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Posted: March 20th, 2020
German Federal Constitutional Court (BVerfG) declares German law to ratify the UPC-Agreement void, by Philipp Rastemborski, Meissner Bolte Partnerschaft mbB A. FEDERAL CONSTITUTIONAL COURT Today, the Federal Constitutional Court (docket no. 2 BvR 739/17), declared the German law on approval of the agreement on the establishment of a Unified Patent Court (“UPC Agreement”) to be […]
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Posted: March 20th, 2020
Press release from the Bundesverfassungsgericht: “The Act of Approval to the Agreement on a Unified Patent Court (“the Act of Approval”) to confer sovereign powers on the Unified Patent Court is void. In its outcome, it amends the Constitution in substantive terms, though it has not been approved by the Bundestag with the required two-thirds […]
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