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7 Dec 2019, 7:30 am by Florian Mueller
Last year, however, Broadcom forced the Volkswagen group into a billion-dollar settlement, exploiting the sad state of affairs of German patent law, where injunctions are granted--mnst of the time over patents that would later be held invalid--without an eBay v. [read post]
5 Dec 2019, 10:43 am by Rebecca Tushnet
German furniture co. called Vitra, which has registered and litigated over a lot of IP; people go to jail in Europe regularly for trafficking in midcentury modern American furniture, where there are limited/no (what he calls bullshit) US rights. [read post]
5 Dec 2019, 10:43 am by Rebecca Tushnet
If courts take conceptual separability seriously, it becomes the German test in disguise—but even the German court has now abandoned a test of superior creativity, so there’s only one test of originality in German law, which doesn’t require superior creativity. [read post]
5 Dec 2019, 10:25 am
Background to the case Balema is a German producer of balsamic vinegar and markets its products as "Balsamico" or "Deutscher Balsamico". [read post]
4 Dec 2019, 1:11 pm
Last week, Advocate General (AG) Campos Sánchez-Bordona delivered an important Opinion in Coty Germany v Amazon, C-567/18 [not yet available in English]. [read post]
3 Dec 2019, 11:56 pm by Hetti Hilge
Currently two proceedings involving SEPs and FRAND issues are already pending before the Bundesgerichtshof, both of them appeals against judgments of the OLG Duesseldorf (Unwired Planet v Huawei, and Sisvel v Haier), so that the German Bundesgerichtshof may have a chance clarify some of the open questions on FRAND soon. [read post]
3 Dec 2019, 12:33 pm by Florian Mueller
At the time--and even until I downloaded the above document--I had no idea he was going to make a filing in FTC v. [read post]
3 Dec 2019, 12:25 am
| Another "Glen", another GI violation- Hamburg Court considers "Glen Els" an Evocation of "Scotch Whisky" | Around the IP Blogs | BREAKING: German constitutional court Brexit-delay rumours are "bulls***" in on-going UPC saga | "Many are called but few are chosen": When a claim of bad faith succeeded in a trademark matter in Singapore | [Guest Post] IP Education Series #3 | FRAND: OLG Karlsruhe rules on nature, extent and timing of… [read post]
29 Nov 2019, 8:08 am by Florian Mueller
Either one wants to argue that indirectly-imposed costs count, or one doesn't.Expect more posts on FTC v. [read post]
29 Nov 2019, 6:01 am by John-Paul Boyd
These goals are rarely achieved with a three-V approach to dispute resolution. [read post]
24 Nov 2019, 9:12 pm by JP Sarmiento
Since our client resided in Chicago, IL, her application had a better chance compared to states under the 9th Circuit (see Momeni v. [read post]
24 Nov 2019, 9:53 am
 The issue has come up repeatedly before German courts and the German Bundesgerichtshof has assessed it within the safe harbour framework of the E-commerce directive [e.g. here, at 31]. [read post]
22 Nov 2019, 2:05 pm
I hope the following links, excerpts, comments, and reflections (in no particular order) will prove of interest for one reason or another to our readers. [read post]
22 Nov 2019, 6:53 am by Florian Mueller
Otherwise, companies would be reluctant to give up their right to enter into individual license agreements for various reasons, one of which is the ability to enter into full-portfolio cross-license agreements.Avanci generally calls itself a platform, but on LinkedIn, Eric Stasik was surprised to see that even Avanci's lawyers, in the Continental v. [read post]
21 Nov 2019, 4:44 am
  The DOJ intervened in the recent FTC v Qualcomm case (in which Judge Koh found in favour of the FTC) and now on appeal. [read post]
21 Nov 2019, 2:20 am
The pursuit of an injunction while failing to comply with a duty will, as a rule, constitute abuse (unless the implementer is being non-compliant).On timing, the German decision is largely in line with the UK courts – there, the CoA held that its approach on timing was indeed consistent with the flexible approach taken earlier by the German courts. [read post]