Some Late Summer Thoughts about Molten Polymers and two Decisions by the German Federal Court of Justice Now that the unusual heat of this summer in central Europe finally seems to have ended, it might be a good point in time to activate our cerebral bio-polymers again. So let us muse about the melting of…

The Oberlandesgericht Düsseldorf (Higher Regional Court, appeal instance) just issued a court order on the admissibility of new prior art that the defendant discovered only in the second instance infringement proceedings. The defendant and appellant in the proceedings had requested a stay of the infringement appeal based on this new and relevant prior art until…

The judgement “Schleifprodukt” rendered by the German Federal Court of Justice on 25 November 2014 could be seen as a step towards harmonisation with the EPO because the court carried out the test for the admissibility of claim amendments by assessing whether the feature combination of the amended claim in its entirety represents a technical teaching which is identifiable from the original application as being suitable for achieving the effects of the invention.

The Oslo District Court held that the expired Norwegian patent 306452 (“452 Patent”) was invalid due to lack of inventive step, which implied that its supplementary protection certificate SPC014 was invalid as well. The court also found the 176 Patent invalid. A full summary of this case has been published on Kluwer IP Law.

Please click here to find US patent cases from the the U.S. Supreme Court, the US Court of Appeals for the Federal Circuit, and the U.S. Circuit Courts of Appeals with a detailed summary of each case. Recently added from our US IP Law Daily service: Soverain Software LLC v. Victoria’s Secret Direct Brand Management, LLC, United States Court…

by Niels Hölder and Thomas Koch In “Zugriffsrechte” (Access Rights) (docket X ZR 35/11), the Federal Court of Justice decided that a claim can in principle not be construed such that it covers none of the embodiments described in the specification. To simplify the facts, the claim in question specified two process steps. The Federal…