Archive 1. November 2013

BGH X ZR 130/12 – Kabelschloss: Infringer's profit and visibility of the invention for customers

The Federal Court of Justice has decided by decision of 3. September 2013 (X ZR 130/12 – „Kabelschloss“) a non-admission complaint was rejected and clarified, like the share of the infringer's profits to be released in the event of a patent infringement…

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BGH X ZR 27/12 – Vehicle navigation system: Voice output of street names does not constitute an inventive step

The Federal Court of Justice has ruled in its judgment of 23. April 2013 (X ZR 27/12 – “Vehicle navigation system”) the annulment of a European patent for a navigation system was confirmed. The focus is on the question, what characteristics…

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Nullity dispute uniform even when multiple plaintiffs, applicable within the scope of the same attack – 20 to 30 Million EUR in the specific case

The Federal Court of Justice has decided by decision of 27. August 2013 (X ZR 83/10 – “Value in dispute II”) decided, that the amount in dispute in a patent nullity action is generally not divided if there are several plaintiffs. Guiding principle will…

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BGH X ZB 15/12 – Patentstreitsache II: A patent attorney's fee claim is not simply a patent dispute

The Federal Court of Justice has decided by decision of 20. March 2013 (X ZB 15/12 – „Patentstreitsache II“) decided, when the fee claim of a right- or patent attorney as a patent dispute within the meaning of Section 143…

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Competition capsules for Nespresso coffee machines 0,29 Cent (instead 0,39 Cent) is no patent infringement, because the capsules are not covered by patent protection

According to the press release of the OLG Dusseldorf shown below the competition capsules for Nespresso machines are for 0,29 Cent (instead 0,39 Cent) no patent infringement, because the capsules are not covered by patent protection and…

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