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Cistus Incanus II, Court of Appeal Düsseldorf 31 January 2013

The Court of Appeal Düsseldorf held that the offering of certain products by the defendants was not covered by the scope of the patent due to the specific “Swiss type” wording, which does not grant an absolute product protection, and due to the fact that the advertising of the defendants did not address the patented use specifically enough.

The full summary of this case has been published on Kluwer IP Law.

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Fahrzeugscheibe, Federal Court of Justice (Bundesgerichtshof), 16 April 2013 ”

The FCJ held that the right to claim priority, which is in fact the right to file a follow-up application, can be transferred to a third party who was not the applicant of the earlier application. This transfer is governed by the law of the earlier application, in this case German law. Neither German law nor the EPC requires a specific form for such a transfer. Therefore, a transfer is also possible implicitly.

The full summary of this case has been published on Kluwer IP Law.

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Messelektronik fuer Coriolisdurchflussmesser, Federal Court of Justice (Bundesgerichtshof), 15 January 2013

The Federal Court of Justice held that under the specific circumstances of the case it was likely that a service manual regarding flow meter technology had been available to third parties. The Court considered as decisive the agreement between the party supplying the manual and the recipient. According to the Court it is relevant whether the parties agreed upon confidentiality either expressly or implicitly or whether it was to be expected under the circumstances that the recipient would keep the information confidential.

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A summary of this case will be posted on http://www.Kluweriplaw.com

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Genveraenderungen, Federal Court of Justice (Bundesgerichtshof), 5 February 2013

According to the law on employee inventions, the inventor is entitled to information about all income generated by the employer from third parties in exploiting the invention. This information is the basis for claims of the employees against the employer for compensation. The Court confirmed the decisions of the lower courts and held that the income of the employer comprises all financial benefits related to the employees’ invention and its exploitation. This includes not only payments made to the employer but also other benefits such as patent protection.

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A summary of this case will be posted on http://www.Kluweriplaw.com

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Doppelvertretung im Nichtigkeitsverfahren, Federal Court of Justice (Bundesgerichtshof), 18 December 2012

Regarding the question whether costs for double representation of a party by a patent attorney and an attorney-at-law are reimbursable the Court held that these costs are to be reimbursed at least in a situation where parallel infringement proceedings concerning the same patent are pending before a civil court and in which the same party or an affiliate of that party is involved.

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A summary of this case will be posted on http://www.Kluweriplaw.com

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Take Five, Federal Court of Justice (Bundesgerichtshof), 19 July 2012

In an earlier decision (BGH M2Trade), the Court held that the termination of the main license agreement does not automatically lead to a termination of the sublicense. It remains in force when the main license is terminated for reasons such as a mutual agreement of the main licensor and the main licensee who is also the sub-licensor. The Court applied this principle in the present case in which the license was exclusive. According to the Court, the interests of the sub-licensee were to prevail over the interests of the main licensor.

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A summary of this case will be posted on http://www.Kluweriplaw.com

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