Posted: March 17th, 2020
Court of Appeals Munich, decision of 12 December 2019, docket 6 U 4009/19
Like every other interim measure granted by German civil courts, motions for preliminary injunctions involving patents and German utility models must meet the “urgency” requirement established by Secs. 935, 940 German Code of Civil Procedure (ZPO) in order to be allowable. In this regard, “urgency” does not only mean that the request for a preliminary injunction is filed within a short period of time (normally within one month) from knowledge of the infringer and the infringing act. What is more, the applicant must establish that the asserted patent or utility model is very likely to survive a challenge to validity.
The complete article can be accessed here.
Summary: Philipp Rastemborski, Meissner Bolte