Posted: September 14th, 2020
The recent decision “Divisional Game” of the Munich District Court I, dated 24 February 2020 (docket no. 7 O 1456/20) is a landmark decision. This decision was handed down in ex-parte preliminary injunction proceedings and was based on an undue obstruction of competitors pursuant to German Unfair Competition Law.
The bottom line of this decision is an approximation of German case law to the “Arrow declarations” according to UK court practice (High
Court of Justice,  EWHC 2629 (Pat)).
The Munich District Court I held that it is generally admissible to abandon pending (divisional) patent applications from one patent family at whatever point in time and for whatever reason. However, such freedom of the proprietor is limited under the German Unfair Competition Law, if the respective patent family is asserted in court, and if the defendant(s) are precluded from the possibility to obtaining final certainty about the validity of the patents (patent applications) involved due to such abandoning practice.
The entire contribution can be read here.
By: Tobias Wuttke, Meissner Bolte