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News | 13.11.2023

UPC on access to written pleadings and evidence

The Central Division Munich has rejected two separate requests based on Rule 262.1 (b) RoP requesting access to the content of the court file of two revocation actions.

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News | 10.11.2023

Higher Regional Court Düsseldorf (Infusionsvorrichtung II) – No contributory negligence of the plaintiff

In its judgement of 13 July 2023 (docket no. 2 U 79/22), the Higher Regional Court Düsseldorf had to decide the question of whether a claim for damages due to patent infringement can lapse due to contributory negligence of the plaintiff.

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News | 31.10.2023

Juve Patent Ranking 2023: Kather Augenstein again among the top IP law firms and leading IP specialists in Germany

We are very pleased that Kather Augenstein was again able to defend its ranking of previous years in the current edition of the highly regarded JUVE Patent Ranking Germany 2023.

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News | 26.10.2023

FCJ, Judgment of 20 June 2023 – X ZR 61/21 – Faserstoffbahn

When are the limits of the right of prior use exceeded if a modification is used? The 10th Civil Senate dealt with this question in its decision Faserstoffbahn.

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News | 13.10.2023

Aluminiumdielen – Higher Regional Court Karlsruhe decision 18.07.2023 – 6 W 30/23

In its decision of 18 July 2023, the Higher Regional Court Karlsruhe dealt both with enforcement under Section 888 of the German Code of Civil Procedure (ZPO) and with the question of whether an infringing object is still within the channels of distribution if it is located with a trader who is not a dealer.

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News | 09.10.2023

Managing IP Stars honours Dr Benjamin Pesch again as “Rising Star 2023” in its latest edition

Managing IP recently released its Rising Star Rankings Germany 2023. We are delighted that Dr Benjamin Pesch, Counsel, has been awarded as  Rising Star 2023 for his third time.

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News | 04.10.2023

The Pharmaceutical Intellectual Property and Competition Law Review – Update: Christopher Weber and Dr Benjamin Pesch publish on recent developments in intellectual property and competition law in the pharmaceutical sector in Germany

This latest 4. edition of The Pharmaceutical Intellectual Property and Competition Law Review, our partner Christopher Weber and our counsel Dr Benjamin Pesch have published another chapter on current developments in the German market, based on their expertise in the pharmaceutical sector.

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News | 28.09.2023

2023 – FOCUS Recht-Spezial – Kather Augenstein again among the TOP Business Law Firms for Patent and Trademark Law 2023

FOCUS business magazine has again named the entire boutique law firm Kather Augenstein as one of the TOP business law firms 2023 in Germany in the field of patent and trademark law in the current FOCUS list of law firms 2023.

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News | 27.09.2023

Higher Regional Court Dusseldorf: No sufficiently secure legal existence of the patent for injunction after revocation of the parent patent in a generic drug case

Higher Regional Court Dusseldorf, decision of. 23 February 2023 – Ref. 15 W 14/21 In its decision of 23 February 2023 (Case No. 15 W 14/21), the 2nd Civil Senate of the Higher Regional Court Dusseldorf ruled that the grant of the patent for an injunction, which came about with the participation of a third party, does not justify an injunction even in a generic drug case if it is opposed by a revocation decision of the Opposition Division on the parent patent with the same content.

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News | 02.08.2023

Munich Regional Court: Specification of the requirements for the mutual willingness to license on the part of the patent proprietorand patent user

In its judgement of 17 February 2023, Regional Court of Munich I specified its FRAND case law in a legal dispute between GE Video Compression LLC and TCL Deutschland GmbH (File No. 21 O 4140/21).

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News | 03.07.2023

IAM Patent 1000 Ranking – Kather Augenstein anew among the world’s leading patent professionals 2023

We are pleased that Kather Augenstein has been selected again by IAM Patent 1000 The World’s Leading Patent Professionals as one of the world’s leading law firms in the field of patent infringement in the current 2023 edition.

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News | 28.06.2023

Patent vindication and document submission

In its judgement of 26.07.2022 – X ZR 17/21 – Brustimplantat (Breast Implant), the Federal Court of Justice (FCJ/ BGH) dealt with the patent law vindication and thereby consolidated its established case law:

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