Just recently, the judgement of the German Federal Court of Justice (Bun-desgerichtshof, BGH) in re X ZR 31/11 concerning a tyre removal machine has been published. This judgement is of relevance as the Federal Court of Justice had to answer a question of claim construction relevant in infringement and nullity proceedings likewise. The relevant question was whether a claim referring back to a multitude of preceding claims necessarily requires that all features of the multitude of claims re-ferred back to are fulfilled or not.
In this particular case about EP 1 177 920 there have been two independent subclaims (claims 1 and 13) and eleven subclaims dependent on claim 1 (claims 2–12). Wherea [...]
In its decision “Fahrradkurbeleinheit” (“bike crank assembly”) the Higher Regional Court of Düsseldorf has lifted an injunction by the Regional Court of Düsseldorf on appeal (OLG Düsseldorf, I-2 U 78/12, 20 June 2013). Contrary to the first instance the court did not find for patent infringement. Questions of literal and equivalent infringement have been discussed and the court gave some useful guidance on the interpretation of patent claims.
One of the issues of the case was whether the claim wording “formed on” required two parts – if not being integral – to be at least firmly connected to each other. Here, the court stated that “formed on” did not necessarily mean that the one part [...]
The German Federal Court of Justice (Bundesgerichtshof, BGH) addressed some interesting questions on patents protecting methods relating to data in the decision “MPEG-2-Videosignalcodierung” (“MPEG-2 video signal encoding”), judgement of 21 August 2012, X ZR 33/10. This all was round up by explanations on patent exhaustion in the context of test purchases.
In simple terms, the patent in suit covered a method for encoding video data according to the MPEG-2 standard that is used for DVDs. The case was about production of DVDs by the defendant as requested by a test purchaser of the plaintiff. For this purpose the test purchaser provided a master tape with the video data already in its encoded [...]
As Christmas is coming closer, the “where is the Christmas stand?”-question comes up again. This little piece of engineering only used once a year is not only subject matter of several patents but has kept the Higher Regional Court of Düsseldorf busy, too (docket No. I-2 U 84/03).
Who could imagine that a Christmas stand would be characterised by not less than 18 features? And who could have guessed that having just one single power transmission device would make the difference? Most probably no one (at least not outside of the Christmas season) has ever thought about Christmas tree stands and their ability to keep abnormally contoured Christmas tree trunks in such depth as the court had to [...]
About a month ago Rüdiger Pansch reported on the new “General Terms and Conditions” of the Regional Court of Munich in patent infringement matters (http://kluwerpatentblog.com/2012/03/20/patent-chambers-of-munich-district-court-decree-general-terms-and-conditions/).
Now, also the Regional Court of Düsseldorf has put more elaborated advice for the parties in writing. In general, this new procedural order more or less goes along the well-established lines used by the court already in the past. Also the Düsseldorf court takes the opportunity to drop a few lines about the preferred maximum length of briefs. Especially, the court tries to admonish the parties to hit the nail on the head instea [...]
Preliminary injunctions in patent disputes can be a very effective weapon to fight against free riders on the one hand but are equally hurtful for defendants being at-tacked unjustifiably on the other hand. Such preliminary injunctions, especially when granted on an ex parte basis, can simply hinder the defendant to conduct business on the market.
This is true in particular if a patentee strikes in with an ex parte preliminary injunction on a trade show. Under such circumstances, when there is only very limited time to fight against the injunction until the end of the show (typically only a few days) a rem-edy cannot be dealt with. Only after the trade show is over, an unjustifiably granted [...]