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Europe's Highest Court Recently Delivered a Judgment Imposing Affirmative Duties on SEP Holders

The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)- Standards lie at the heart...more

ECJ rips up Orange Book! New standards in Europe for SEP injunctions

Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE1...more

The case law of the German courts of lower instance for patent law and utility model law since the year 2013

The article is divided into three main parts. The first part (I.) deals with the substantive law, the second part (II.) deals with procedural law and the third part (III.) deals primarily with the question of costs and cost...more

3/9/2015  /  Germany , Patents , Utility Patents

Will the European Court force Germany to bid farewell to Orange Book?

The Advocate General’s advisory Opinion in the Huawei v. ZTE FRAND Case (C- 170/13) would, if followed by the full European Court of Justice (ECJ), usher in a significant shift in the playing field in German litigation on...more

In for a Penny, in for a Pound

It is generally known that those who infringe a patent are liable for committing the act of infringement. In the vast majority of cases this is the person who produces patent-infringing goods or sells or uses a patented...more

In for a Penny, in for a Pound

It is generally known that those who infringe a patent are liable for committing the act of infringement. In the vast majority of cases this is the person who produces patent-infringing goods or sells or uses a patented...more

4/2/2014  /  EU , Patent Infringement , Patents

The case law of the German Courts of Instance (Instanzgerichte) for patent law and utility patent law since the year 2011

This article was published in a slightly adapted version, tailored to the needs of the German market, in the leading German legal magazine for intellectual property law, GRUR-RR, in October 2013. The report deals with the...more

The Landgericht Düsseldorf’s (Düsseldorf District Court) decision to refer “LTE standard“

With the patent infringement case “LTE-Standard“ the Landgericht Düsseldorf has on 21 March 2013 deviated from the hitherto established practice and challenged the Bundesgerichtshof’s (German Federal High Court of Justice)...more

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