News & Analysis as of

Intellectual Property Litigation Germany

International Lawyers Network

Different Kinds of Cool That Still Just Don’t Register: Why Birkenstocks & Melted Rink Ice (AKA Water) Aren’t Copyrightable

In 2015, the Wall Street Journal observed why Birkenstock sandals might be considered cool: “It’s a taboo thing,” said New York-based stylist Brian Coats, who dresses Jimmy Fallon....more

Knobbe Martens

German Sandals Follow the Functional Footsteps of U.S. Cheerleader Uniform Shape

Knobbe Martens on

In a recent decision, Germany’s Federal Court of Justice held that Birkenstock’s sandal design was not eligible for copyright protection. The court held that Birkenstock sandals did not display sufficient creativity to be...more

Fish & Richardson

Munich Appeals Court Reinforces Security-Centric FRAND Framework in SEP Dispute

Fish & Richardson on

Standard-essential patent (SEP) licensing remains a critical issue in Europe, where political bodies and national courts at times diverge in the interpretation of fair, reasonable, and non-discriminatory (FRAND) licensing...more

McDermott Will & Emery

Munich Court Addresses Implementer’s Obligation To Provide Security in FRAND Negotiations

McDermott Will & Emery on

The Munich Higher Regional Court issued a decision concerning the fair, reasonable, and nondiscriminatory (FRAND) negotiation process and an implementer’s obligation to provide security if a license offer for standard...more

Goodwin

France Takes Pioneering Step in Recognizing Blockchain Time-Stamping as Proof of Authorship in Intellectual Property

Goodwin on

In a landmark decision, France has joined the ranks of leading jurisdictions in recognizing blockchain as a valid method for establishing proof of authorship and intellectual property (IP) rights....more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | Q1 2025

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

WilmerHale

The Rising Threat of German Patent Litigation: Are You Ready?

WilmerHale on

The threat of German patent litigation is rising. Germany is second only to the United States in the number of patent infringement actions brought by non-practicing entities (NPEs), and with the ready availability of...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | August 2024

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | July 2024

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court - March 2024

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

A&O Shearman

UPC denies third party access to revocation action and evidence

A&O Shearman on

In Astellas v. Osaka University (UPC_CFI_75/2023), by decision of 21 September 2023, the UPC Munich Central Division denied a third party access to the case file, specifically to Astellas’ revocation action, which was...more

McDermott Will & Emery

The UPC Means Business: Patentee Wins Preliminary Injunction

McDermott Will & Emery on

The Unified Patent Court’s (UPC) Local Division Munich has granted a preliminary injunction in favor of 10x Genomics, preventing NanoString Technologies, Inc. from selling its CosMx Spatial Molecular Imager (SMI) instruments...more

White & Case LLP

AI Legal News Summer Roundup: Edition 3

White & Case LLP on

Welcome to the third edition of our AI Legal News Summer Roundup! After five class actions were filed between June 28 and July 11 (as reported on in our first edition of this series), on July 21, another class action lawsuit...more

Hogan Lovells

“Hamburger Brauch" hoch zwei – UVE bedarf zur Ausräumung der Wiederholungsgefahr keiner konkret bezifferten Vertragsstrafe

Hogan Lovells on

Im Falle des Verstoßes gegen eine erste strafbewehrte Unterlassungs- und Verpflichtungserklärung (UVE) nach sogenanntem "Hamburger Brauch", d.h. ohne konkret bezifferte Vertragsstrafe, kann nach einer kürzlich ergangenen...more

WilmerHale

Keeping Trade Secrets Secret: The Stuttgart Court of Appeal on the Protection of an Undertaking’s Most Valuable Information

WilmerHale on

The effective protection of trade secrets is essential to the continued economic success of most undertakings. On 26 April 2019, after much debate and significant delays the new German Law on the Protection of Trade Secrets...more

McDermott Will & Emery

Special Report - 2020 IP Law Year in Review - European Issues

McDermott Will & Emery on

From a German perspective, 2020 saw highly interesting developments that may well have an impact even beyond the borders of Germany. For example, the Federal Court of Justice (Bundesgerichtshof) in Sisvel v. Haier handed down...more

Jones Day

JONES DAY PRESENTS®: Trade Secret Enforcement in Germany

Jones Day on

Recent changes to German law are expected to facilitate trade secret litigation. Dr. Christian Paul, a Munich-based partner, explains why these actions still require careful consideration of German procedural law, with a...more

ArentFox Schiff

Fourth Circuit Court Allows Section 1782 Fact-Finding in a Private International Arbitration

ArentFox Schiff on

Last week, in Servotronics, Inc. v. Boeing Co., the Fourth Circuit became the latest United States Court of Appeals to allow Section 1782 discovery for use in private international arbitrations. Section 1782 is a powerful...more

Hogan Lovells

Covid-19 IP Update: Impact on litigation (UPDATED)

Hogan Lovells on

Court of Justice of the European Union (CJEU) - The CJEU has announced? temporary changes to its working arrangements. Judicial activity will continue, but priority will be given to those cases that are particularly...more

Hogan Lovells

U.S. + Germany Patent Update – July 2019

Hogan Lovells on

Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States. United States - - U.S. Congress Introduces Bill Addressing Patent Subject Matter Eligibility -...more

Hogan Lovells

Standard Essential Patent Update – May 2019

Hogan Lovells on

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United...more

Hogan Lovells

German courts set advertising stage for the 2020 Olympic Games in Tokyo

Hogan Lovells on

Although the opening ceremony of the next Olympic Games in Tokyo is still more than a year away, recent decisions of the German courts are already preparing the stage for commercial and advertising activities evolving around...more

Hogan Lovells

IPunkt | IP auf den Punkt gebracht - Januar 2019

Hogan Lovells on

MARKENRECHTSMODERNISIERUNGSGESETZ (MaMoG) ZUR UMSETZUNG DER EU-MARKENRECHTSLINIE 2015/2436 TRITT IN KRAFT - Am 14. Januar 2019 trat die Novellierung des Markengesetzes durch das MaMoG in Kraft, mit der eine Reihe von...more

Hogan Lovells

Germany: Federal Constitutional Court declares preliminary injunction without cease and desist letter and hearing unconstitutional

Hogan Lovells on

In its decision of 30 September 2018 (1 BvR 1783/17), the German Federal Constitutional Court [Bundesverfassungsgericht – BVerfG] ruled that a preliminary injunction issued in a press...more

30 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide