Requesting Anti-Suit Injunction precludes defendant’s willingness to take a FRAND licence The Regional Court Munich I has issued another landmark judgement on anti-suit injunctions and so-called “anti-anti-suit injunctions”. The decision relates to the dispute between InterDigital [...]
Federal Court of Justice (FCJ): Truvada: Action for annulment against a supplementary protection certificate
Federal Court of Justice (FCJ): Truvada: Action for annulment against a supplementary protection certificate (FCJ, Judgment of 22.09.2020, X ZR 172/18 - Truvada) With regard to the invalidity of a supplementary protection certificate, the FCJ ruled [...]
SEP Trends and Future Prospects - Japanese Companies and SEP The SEP Research Group, led by its Chairman Toshi Futamata, will hold a closing event of the year 2020 on Thursday 18 March 2021, 11:00 AM – 02:00 [...]
FRAND Case Law: Higher Regional Court Karlsruhe, Sisvel v. Wiko Just before the Federal Court of Justice’s decision FRAND Defence II was published, the Higher Regional Court Karlsruhe published its appellate decision in the dispute between Sisvel and [...]
Munich I Regional Court: Käpt’n Iglo ./. Appel Feinkost – No anti-competitive imitation of Käpt’n Iglo by advertising with a male protagonist in a maritime background.
Munich I Regional Court: Käpt'n Iglo ./. Appel Feinkost - No anti-competitive imitation of Käpt'n Iglo by advertising with a male protagonist in a maritime background In its judgement of 03.12.2020, the Munich I Regional Court had to [...]
Likelihood of confusion under trade mark law for composite word marks – FCJ I ZB 80/19 - YOOFOOD/YO How is the likelihood of confusion assessed if one of the opposing trademarks is a composite trademark consisting of a distinctive and a [...]
OLG Duesseldorf – Assert a matter in dispute in second instance which has neglected in first instance?
Higher Regional Court Duesseldorf – Assert a matter in dispute in second instance which was neglected in first instance? I. Decision In a decision of 13 August 2020 (2 U 25/19), the Higher Regional Court Düsseldorf had [...]
Cross appeal in nullity proceedings - FCJ X ZR 40/18 In its ruling of 4 August 2020 (Ref.: X ZR 40/18), the Federal Court of Justice (X. Civil Division) had to decide on the question of when a [...]
PAVIS online seminar - Code of Civil Procedure (ZPO) in patent nullity proceedings Current decisions relevant for liabilty on civil procedure issues of nullity proceedings Current decisions of the Federal Patent Court and the Federal Court of Justice [...]