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27 05, 2020

Patent transfers and infringement proceedings – who is the “right” plaintiff?

Patent transfers and infringement proceedings - who is the "right" plaintiff? I.          Introduction With an infringement suit, the patent owner takes action against unauthorized users of the invention. However, because patents are transferable, a defendant cannot always [...]

20 05, 2020

The German Federal Constitutional Court’s new scepticism about Europe – why it wrongly contradicts the Court of Justice of the European Union and what this means for the Unified Patent Court

The German Federal Constitutional Court's new scepticism about Europe - why it wrongly contradicts the Court of Justice of the European Union and what this means for the Unified Patent Court Recently, the German Federal Constitutional Court declared [...]

14 05, 2020

Kather Augenstein once again honoured by IP Stars

Kather Augenstein once again honoured by IP Stars No less than three of Kather Augenstein's attorneys were awarded IP Stars by the IP expert guide „Managing Intellectual Property IP STARS“. The award honours individual lawyers worldwide each [...]

12 05, 2020

FCJ – Retailers on Amazon are generally not liable for customer reviews

FCJ - Sellers on Amazon are generally not liable for customer reviews In its decision of February 20, 2020 (docket number. I ZR 193/18), the Federal Court of Justice (FCJ) dealt with Amazon's customer review system and clarified [...]

6 05, 2020

Sisvel ./. Haier – FCJ overrules High Court of Düsseldorf

Sisvel ./. Haier - FCJ overrules High Court of Düsseldorf The Federal Court of Justice (BGH) reversed the decision of the Higher Regional Court (OLG) of Düsseldorf in the case Sisvel v. Haier today and fully find in [...]

25 03, 2020

Video on the Decision of the Bundesverfassungsgericht

Video on the Decision of the Bundesverfassungsgericht Our partner Dr. Christof Augenstein, the Chair of AIPPI’s Standing Committee on the UPC, explains what the decision of the German Constitutional Court regarding the UPC means, and gives his insights [...]

23 03, 2020

Will the Unified Patent Court be established? – An analysis of the decision of the Bundesverfassungsgericht

After the Federal Constitutional Court last Friday (20.03.2020) announced its long-awaited decision on the constitutional complaint against the ratification of the EPC, the last building block for the start of the Unified European Patent Court which has been expected for [...]

20 03, 2020

Federal Constitutional Court stops Unified Patent Court for formal reasons

Federal Constitutional Court stops Unified Patent Court for formal reasons The German Federal Constitutional Court has declared the law approving the Agreement on a Unified Patent Court (UPCA) null and void. This means that for the time being, [...]

18 02, 2020

FCJ Confirms Protection of Confidential Documents in the Court File

FCJ Confirms Protection of Confidential Documents in the Court File (FCJ, decision of 14 January 2020, X ZR 33/19 - Inspection of files XXIV) Since the HRC Düsseldorf allowed a further appeal to the Federal Court of Justice [...]

18 02, 2020

Preliminary injunctions even more difficult to obtain: OLG Munich aligns its practice to the OLG Düsseldorf and OLG Karlsruhe

Preliminary injunctions even more difficult to obtain: OLG Munich aligns its practice to the OLG Düsseldorf and OLG Karlsruhe In the future, it will be more difficult to obtain an injunction for patent infringement in a preliminary proceeding. [...]