The board held that a document of speculative nature could not objectively be considered as a realistic starting point or the most promising springboard towards the claimed invention: the document was no more than a speculative review of what might be potentially feasible in the future and no concrete realization of the claimed type of product was described therein.
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 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 Board of Appeal used its discretionary power to declare inadmissible an appeal based on the claims as granted after the proprietor had only defended amended claims before the opposition division. Even if this should not be construed as abandonment of the claims as granted, the request should not be admitted for reasons of procedural economy, because it would require the board to take a first instance decision. The proprietor had lost its right to a decision on the claims as granted by amending the claims to circumvent an objection by the opposition division.
The Board vacated reversed a decision that deletion of drawings amounted to an extension of protection. The opposition Opposition division Division had revoked the patent with the argument that the amendment generally had an impact on the extent of protection conferred by the European patent because the drawings would be used to resolve ambiguities in the claims. The Board reversed because the impugned decision failed to identify any such ambiguity.
A full summary of this case can be found on http://www.kluweriplaw.com/[...]
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 [...]