Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States.
The January 2019 spotlight article covers a recent Federal Constitutional Court (FCC) decision in Germany concerning ex parte preliminary jurisdictions. In this case, the first instance / appeal courts had issued preliminary injunctions against the respondents, but the FCC reversed this. The FCC found that issuance of the preliminary injunctions violated respondents’ rights to be treated equally, and that a defendant must be given an opportunity to be heard in some form prior to issuance of a preliminary injunction
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