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14 Sep 2022, 12:00 am by Hayleigh Bosher
The idea calls to mind suggestions made in the aftermath of the recent revision of the German Patent Act [Katpost here] that generally infringers should be required to show they made reasonable clearance efforts [e.g. here]. [read post]
8 Sep 2022, 6:37 am by Florian Mueller
Its temporary (but indefinite) withdrawal from the German market enables the high-volume smartphone maker (and its OnePlus affiliate) to stand its ground in court:Motions to stay the enforcement of those four injunctions are pending, and while I can't predict what the appeals courts in Munich and Karlsruhe (the latter for the Mannheim rulings) will do, there are serious issues that may very well prove outcome-determinative.OPPO is now aggressively seeking its own German patent… [read post]
8 Sep 2022, 4:30 am by Jonathan Ross (Bristows)
The judge considered the factors on secondary indications set out by Laddie J in Haberman v Jackel [1999] F.S.R. 683 (and approved by Jacob LJ in Schlumberger v Electromagnetic Geoservices [2010] EWC Civ 819). [read post]
8 Sep 2022, 12:39 am by Kluwer IP Reporter
Surely it is curious that the Court of Justice (CJEU) dealt with these issues in two recent decisions, both  issued last April 28th and both following requests for  preliminary rulings under Article 267 TFEU by German Courts, namely cases C-531/20 (NovaText GmbH v. [read post]
8 Sep 2022, 12:36 am by Kluwer IP Reporter
Surely it is curious that the Court of Justice (CJEU) dealt with these issues in two recent decisions, both  issued last April 28th and both following requests for  preliminary rulings under Article 267 TFEU by German Courts, namely cases C-531/20 (NovaText GmbH v. [read post]