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.
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.
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.
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.
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.
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.
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: