EPLAW PATENT BLOG

DE – Druckmaschinen-Temperierungssystem III / invalidity

Posted: July 28th, 2009

Druckmaschinen-Temperierungssystem III (Cooling system for printing machines III), invalidity proceedings (value in litigation), Federal Supreme Court, Germany, 28 July 2009, Docket No. X. ZR 153/04 When assessing the value in litigation of invalidity proceedings, the court has to take into consideration the full amount of the damages claimed by the infringement plaintiff in (parallel) infringement […]

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DE – Italian torpedo / infringement

Posted: July 20th, 2009

(No name available), infringement proceedings (Italian torpedo), Court of Appeals Düsseldorf, 20 July 2009, Docket No. 2 W 35/09 No stay of German infringement proceedings in view of an already pending declaratory judgment action in Italy (“Italian Torpedo”): A general request before an Italian Court that a certain European Patent as well as any future […]

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DE – cost reimbursement for translation expenses / infringement

Posted: July 17th, 2009

(No name available), infringement proceedings (cost reimbursement for translation expenses), Court of Appeals Düsseldorf, Germany, 17 July 2009, Docket No. 2 W 29/09 Translation costs for briefs of the party’s own attorney are reimbursable, in particular also, if the translation was prepared by the own attorney and not by an external translation service. In patent […]

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DE – Flüssigkristallanzeigevorrichtung / infringement

Posted: July 8th, 2009

Flüssigkristallanzeigevorrichtung (Liquid crystal display device), infringement proceedings (preliminary injunction and urgency), Court of Appeals Karlsruhe, Germany, 8 July 2009, Docket No. 6 U 61/09 The Court of Appeals Karlsruhe confirms a first instance decision of the District Court Mannheim rejecting applicant’s request for a preliminary injunction for patent infringement, since the assessment of infringement was […]

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UK – Generics v Daiichi / Appeal

Posted: July 2nd, 2009

Generics (UK) v Daiichi, Court of Appeal, London, UK, 2 July 2009, Case No. [2009] EWCA Civ 646, with thanks to Marc Döring, Simmons & Simmons In this case, the Court of Appeal has upheld the decision of Kitchin J that, although a course of action was obvious, the skilled person's motivation to pursue it […]

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FR – Otis v. Schindler (07/07376)

Posted: July 1st, 2009

Otis Elevator Company v. S.A. Schinlder, infringement and invalidity proceedings, Tribunal de Grande Instance, Paris, France, 1 July 2009, Docket No. 07/07376, with thanks to Pierre Véron, Véron & Associés As the person skilled in the art had at his disposal all the characteristics of the preamble of asserted claim 1 in the prior German […]

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FR – Otis v. Schindler (06/18186)

Posted: July 1st, 2009

Otis Elevator Company v. S.A. Schinlder, infringement and invalidity proceedings, Tribunal de Grande Instance, Paris, France, 1 July 2009, Docket No. 06/18186, with thanks to Pierre Véron, Véron & Associés Claim 1 of the foregoing patent is invalid for insufficient disclosure, the skilled person not being able to select the dimensions of the wedge clamp […]

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FR – SA Chronopost v. SAS DHL Express France

Posted: June 23rd, 2009

SA Chronopost v. SAS DHL Express France, community trademark (territorial scope of injunction; referral ECJ), Cour de cassation, Paris, France, 23 June 2009, Case no.: 08-13729, with thanks to Pierre Véron, Véron & Associés
This judgment issued by the highest court for civil cases in France may be of interest to patent practitioners,

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DE – Fish-bite indicator / invalidity

Posted: June 18th, 2009

Fischbissanzeiger (Fish-bite indicator), invalidity proceedings (inventive step), Federal Supreme Court, Germany, 18 June 2009, Docket No. Xa. ZR 138/05 For examining inventive step the “closest prior art” is not the sole starting point (deviation from the formal approach used by the EPO). Choosing a specific starting point requires a specific justification. In this context, it […]

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HU – No preliminary injunction based on provisional patent protection

Posted: May 26th, 2009

(Redacted Judgment), preliminary injunction proceedings, Metropolitan Appeal Court, Budapest, Hungary, 26 May 2009, Docket No. 8.Pkf (redacted) No preliminary injunction available if the patent protection is only provisional. The Metropolitan Appeal Court in Budapest confirmed the first instance ruling of the Metropolitan Court in which it rejected the request for a preliminary injunction that was […]

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