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The wording of Prayers for Relief: A complicated Swiss affair

The wording of prayers for relief in patent infringement proceedings remains a hotly debated issue in Switzerland. In a landmark decision dated 2004 (BGE 131 III 70) the Swiss Federal Supreme Court ruled that the patent infringing goods or procedures had to be exactly described in the prayers of relief of a cease-and-desist order. Since then, it has not been sufficient to simply repeat the wording of the claim of the allegedly infringed patent. In particular, this holds true if the interpretation of the claim features is highly controversial between the parties. The authorities that are in charge of the enforcement of an injunction cannot be expected to reassess the meaning of the patent cla [...]

Mannheim Regional Court on the Liability of a Foreign Supplier under German Patent Law

The Mannheim Regional Court decided on March 8, 2013 (court docket: 7 O 139/12) that a supplier which is located abroad is regularly only liable for participating in patent-infringing acts in Germany if the foreign supplier learns, e.g. by means of a warning letter, that its supply of products to the German market may result in a patent infringement under German law and if the supplier does not refrain from further shipments into Germany.

T248/12, European Patent Office (Appeals Court), 5 March 2013

The Board observed that it could not be understood that the “technical relevance” criterion, proposed by another board in T 1906/11 for judging extension of subject matter, defines a new standard for judging amendments with respect to Article 123(2) in the case of intermediate generalizations. Instead, the Board had to decide whether the technical information inferred by the skilled person was new having regard to the content of the original application as filed.

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

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T1713/11, European Patent Office (Appeals Court), 12 December 2012

The Board of Appeal accepted that filing of a criminal complaint for patent infringement could meet the EPC condition of Art. 105 EPC, for intervention that ‘proceedings for infringement´ have been instituted. In the present case, the licensee of the patent raised a criminal complaint (‘Privatanklage’ under Austrian law), requesting a court to institute criminal proceedings on the grounds of patent infringement.

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

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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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Virgin Atlantic Airways Ltd v. Jet Airways (India) Ltd, High Court Chancery Division (High Court Chancery Division), 27 July 2012

The Court held that a decision by the EPO relating to the UK designation was not capable of challenge. In any event, the procedure chosen by the claimant to challenge the decision (an application to correct the UKIPO register based on Rule 50 of the Patents Rules 2007) was wrong, because it required the consent of the claimant (which would clearly not have been forthcoming). An application for rectification of the Register under section 34 Patents Act 1977 should have been used.

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

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