Mar 12, 2026
Pursuant to R 263.2 RoP, a request to amend the claim must be rejected if only one of the situations of exclusion set forth under (a) or (b) (delay or procedural delay) is met. Accordingly, the court must refuse to…
Read more →Mar 12, 2026
A change of claim by introducing a subsidiary claim shall be rejected if this broadens the claim of the dispute compared to what was previously submitted and asserted and no explanation is provided as to why this could…
Read more →The Hamburg Local Division dismissed an infringement action and the counterclaim for revocation. The plaintiff appealed and requested protection of confidential information pursuant to R 262A and R 262.2 VerfO. The…
Read more →The defendant obtained marketing authorization to distribute a generic drug in Portugal. In addition, the national health authority approved the defendant's request to supply public hospitals at an agreed price and…
Read more →Feb 19, 2026
The term “offering” within the meaning of Art. 25(a) UPCA is to be interpreted autonomously. Offering is to be understood in an economic sense, not based on legal understanding of a binding contractual offer. Therefore,…
Read more →Dec 10, 2025
Art. 15a RPBA grants the Board the discretion to hold oral proceedings under Art. 116 EPC by videoconference if it considers this appropriate. This scope of application is general and not limited to pandemic situations.…
Read more →If a claimed invention is defined by the use of a feature known per se to achieve a technical effect known per se, and the alleged technical contribution of the invention lies in a relative improvement of this effect,…
Read more →Dec 10, 2025
Even when applying the recent EBA decision G 1/24, a patent claim should not be interpreted more narrowly on the basis of features from embodiments than the person skilled in the art would understand it in view of its…
Read more →Dec 10, 2025
Our Christmas donation this year was given to two organizations: Mission Hoffnung – Kinderkrebs Sozialhilfe and Die Tafel Österreich. Mission Hoffnung has been supporting children in need in Austria since 2007. The…
Read more →Following the withdrawal of all appeals, opposition appeal proceedings cannot be continued with a third party who has intervened in the proceedings under Art. 105 EPC as an alleged infringer. The intervener does not…
Read more →The alleged incompatibility of the legal bases of the UPC, in particular the provisions of the UPCA, with the requirements of European primary law in the form of the TEU and the TFEU, and the alleged invalidity of the…
Read more →The claimant requests that access to confidential information of the cost assessment proceedings (proof of legal fees) be restricted to the defendant and their lawyers. The application is granted. The defendant is…
Read more →Oct 31, 2025
Objections based on an alleged lack of knowledge are generally not taken into account. The Rules of Procedure do not recognize this form of submission (LK Düsseldorf 13. 5. 2025, CFI 505/2024).
Read more →If the Court of Appeal has made a decision on costs in the proceedings for the ordering of interim measures in accordance with R 242.1 RoP, an application for the assessment of costs in accordance with R 151 RoP is also…
Read more →On 5 August 2024, the claimant filed an action for patent infringement against a total of 14 defendants. The notice of the publication of the grant of the patent was published on 14 August 2024. On the same day, 14…
Read more →With regard to the right to information, the questions of temporal applicability and the period for which information is to be provided are to be distinguished from each other. The rights to information enshrined in the…
Read more →The claimant requests that the defendant cease infringement not only in the territory of France, but also in Germany, the Netherlands, and the United Kingdom. The claimant relies on official reports from the judicial…
Read more →Oct 24, 2025
The defendant was informed of the service on 10 March 2025, the statement of claim was made available for collection at a branch of the German Post, he did not collect it within the following two weeks and did not…
Read more →The determination of the applicable substantive law in the case of an alleged infringement is to be strictly distinguished from the question of jurisdiction to decide on the action. When determining the applicable…
Read more →An order for the preservation and inspection of evidence can serve to secure evidence of individual acts of use. Even if R 196.1 RoP lists a large number of measures for the preservation of evidence, it is not an…
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