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14 Feb 2021, 1:11 am by Florian Mueller
In Germany, it is theoretically possible to seek only a prelimininary injunction without ever litigating the same matter in a main proceeding (though either party is free to seek clarification in a main proceeding, and it would be disadvantageous with a view to a subsequent award of fees if a prevailing movant obtained a PI but didn't have it affirmed in a main proceeding.]National lawArt. 58 of the German Patent Act (PatG) states in its current form:The grant of the patent… [read post]
29 Feb 2016, 2:26 am by Jan von Hein
Finally, under Article 5 (3) of the Regulation, an action based on an allegedly wrongful conduct is a matter relating to tort or delict where the conduct complained of may not be considered to be a breach of the manager’s obligations under company law. [read post]
21 Mar 2018, 2:13 pm
 In recent years, the German Plattform für den Gewerblichen Rechtsschutz (GG-IP) has also been providing model solutions (DE version). [read post]
14 May 2014, 7:47 am
 Many observers, including this Kat, thought this was nugatory; since it appeared that any change to the “Bolar” wording would have to be reversed on ratifying the UPC to implement its “narrow” definition.However, the proposed legislative changes (you can see the full draft Statutory Instrument here) do not alter the wording of s.60(5) of the Patents Act; the wording of this subsection broadly matches and is entirely consistent with the wording of Article 27 UPC.Instead,… [read post]
18 May 2015, 5:26 am by Giesela Ruehl
This approach accords well with the role of the judiciary in the German legal system and is therefore applied rather frequently. [read post]
18 Jan 2011, 2:00 am
Ludwig was slightly eccentric, shall we say, and neo-gothic Neuschwanstein was planned to be his retreat being elegantly situated on a hill near the city of Füssen in Bavaria. [read post]
19 Jun 2013, 2:47 am by Florian Mueller
Microsoft and Google's Motorola are preparing for a breach-of-contract trial scheduled to commence in late August, but they also have some clean-up to do with respect to last year's anti-enforcement preliminary injunction that barred Motorola Mobility from enforcing a set of German permanent, provisionally-enforceable injunctions relating to two H.264 standard-essential patents (SEPs) and in late November 2012 was replaced by a summary judgment ruling denying injunctive relief.In order to… [read post]
27 Feb 2012, 8:00 am by INFORRM
(b) How well-known is the person and subject matter: the Court stated as a matter of principle that it was primarily for domestic courts to assess how well-known a person is. [read post]
7 Nov 2017, 10:18 am by Giesela Ruehl
German Civil Code (BGB)) mostly fulfil these requirements. [read post]
7 Mar 2007, 12:23 am
Durch den falschen Gebrauch einer Software sei es im Krankenhaus von Epinal in Lothringen in 23 Fällen zu Überdosierungen der Röntgenstrahlen gekommen, teilte Antoine Perrin vom Regionalinstitut für Krankenhausplanung ARH am Dienstag in Nancy mit. [read post]
13 Mar 2015, 7:33 am by Kelly Phillips Erb
” Among that fraud was asset stripping, market manipulation and tax offenses, which alerted executives that “[i]f the [Olympus] structure and transactions can not [be] explained we must file Suspicious Transaction report as a matter of law and [Commerzbank] policy. [read post]