DE – Holzhäcksler / infringement

Posted: May 18th, 2009

Holzhäcksler (Wood chaff cutter), infringement proceedings (preliminary injunction and validity), Court of Appeals Düsseldorf, 18 May 2009, Docket No. 2 U 140/08

The Court refused to grant a preliminary injunction for patent infringement because the patent in dispute lacked sufficiently secure validity due to contradicting votes in view of the same set of facts and basically the “same invention”: a parallel utility model was cancelled by the German Patent and Trademark Office (also with respect to sub claims), while the patent in dispute was granted after prosecution.

Read the judgment (in German) here.

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