In Germany, the winning party is able to recover a significant amount of its costs from the losing party. This cost reimbursement, which is based on a statutory fee schedule, depends on the value of the case. The amount of recoverable fees can be quite significant; the maximum in infringement proceedings would be around slightly…

The German Federal Council, the Bundesrat approved draft legislation to ratify the Unified Patent Court Agreement and to amend German patent law in its 31 March session. It means the German procedure to ratify the UPCA nears completion. The Parliament, the Bundestag, had already given its approval on 9 March 2017. In order to finalize…

As some of you may know, the Munich District Court has a special approach concerning the procedure for patent infringement proceedings since late 2009, called the “Munich Procedure”. The members of of the two patent litigation panels just recently had the opportunity to commit themselves to a slightly modified procedure and to render more precisely…

Will the Unitary Patent project become operational on 1 December 2017? The UPC Preparatory Committee has warned this date ‘is conditional and provided with the clear disclaimer that there are a number of factors that will dictate whether it is achievable.’ But for supporters of the UP and UPC, developments are encouraging. Crucial ratification procedures…

In a judgment in preliminary proceedings the Bundespatentgericht (German Federal Patent Court) granted the pharmaceutical company Merck the right to use European patent EP 1 422 218 and to continue sales of the AIDS drug Isentress in Germany. It is the first time in its 55-year history that the Bundespatentgericht granted a compulsory patent license…

The Federal Court of Justice held that the defence of the patent in suit on the basis of claims filed only at the appeal stage as an auxiliary request can nevertheless be considered to be expedient if the Patent Court had only informed the Defendant in the oral proceedings that it no longer intended to…

In this case the FCJ considered the question of when the enforcement of a judgment in an infringement action should be suspended in light of a decision of the Federal Patent Court in a parallel nullity action concerning the same patent. The Court held that there is no reason for a suspension if the patent…

by Bernward Zollner for rospatt osten pross In a recent decision of 10 January 2017 (BGH X ZR 17/13) concerning a “Restitutionsklage” against a final patent infringement judgement of the Appeal Court Düsseldorf the German “Bundesgerichtshof” has broadened the scope of the doctrine which the court has developed under the heading “Crimp-Werkzeug”. This doctrine was…

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Italy has ratified the Unified Patent Court Agreement. It is the 12th member state of the Unitary Patent project to do so. The instrument of ratification, the formal final step in the procedure, was deposited with the EU Council on 10 February 2017. The two chambers of the Italian Parliament had approved the ratification bill…

The UK will ratify the Unified Patent Court Agreement (UPCA) in March, most likely before the Brexit article 50 is triggered. German will be ready to ratify soon as well, but will delay the official deposit of its instrument of ratification with the EU Council, with a view to the Court starting its operations on…