Region: Germany

Novartis wins German injunction following string of European Gilenya litigation defeats

The Dusselfdorf Regional Court has issued a sales ban against eight generics in the much-watched dispute

03 February 2023

German court establishes legal certainty for appeals against EPO decisions

The German Federal Constitutional Court has ruled against plaintiffs who argued that the EPO violated fundamental procedural rights and possesses obvious shortcomings in its level of legal protection.

01 February 2023

What BioNTech’s £362 million AI acquisition says about the future of life sciences IP strategies

The convergence of tech and biopharma has major implications for patent professionals

13 January 2023

Apple extends in-house patent team to Europe, reflecting region’s rising importance

Sonja Bohusch has been appointed Senior Legal Counsel, IP Litigation

12 January 2023

Conflicting interests: refusing NDAs in FRAND negotiations

Featured in SEP/FRAND Hub

Düsseldorf courts provide clarity on the consequences of failing to agree on an NDA. While it is generally incumbent on implementers to negotiate and conclude an NDA with the SEP holder, refusal to enter into one does not necessarily make the implementer a non-willing licensee.

12 January 2023

UPC harmonisation called into question: what German litigants should expect in 2023

Featured in SEP/FRAND Hub

Germany will host four of the UPC’s 13 local divisions and harmonisation in the decision-making practice, especially in SEP cases, is expected to be years away.

21 December 2022

BMW case highlights corporate personality rights and when it is safe to use them

Using company designations in customer reference lists without explicit authorisation is grounds for infringement, Munich’s regional court has held. However, this ruling does not guarantee that further reimbursement will be granted.

14 December 2022

Rubik’s Cube ruling provides clarity for IP portfolio managers

Frankfurt’s regional court has ruled that the famous toy does not qualify for copyright protection, highlighting the strategic value of using a variety of different rights to protect functional objects.

07 December 2022

Germany: patent prosecution

Featured in Global Patent Prosecution 2023

Patents are granted for technical inventions. Technically, inventions are usually in the field of engineering, chemistry, pharmaceuticals and physics. In contrast to other jurisdictions (eg, the United States), non-technical inventions (eg, business methods) cannot be patented in Germany.

02 December 2022

Germany: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub

02 December 2022

Unlock unlimited access to all IAM content