Month:

Order of the Court of Appeal of the Unified Patent Court concerning the effective service of an application

In the order of October 13, 2023, the Court of Appeal ruled that a statement of claim may be validly served even if annexes mentioned in the statement of claim are not attached, provided that the statement of claim enables the defendant to assert its rights in court proceedings before the UPC even without the annexes. In this case, however, a request by the defendant for a...mehr

Enlarged Board of Appeal sets new EPO priority rules

The Enlarged Board of Appeal of the European Patent Office (EPO) has issued a landmark decision in cases G 1/22 and G 2/22: First, the Enlarged Board of Appeal ruled that the EPO is competent to assess whether a party is entitled to priority. It may therefore be assumed that the EPO will continue to examine the validity...mehr

INTA Leadership Meeting 2023 in Houston

The INTA Leadership Meeting will be held from 14 - 17 November 2023 in Houston. The following participants will attend for Müller Schupfner & Partner: Attorney at Law Mascha Heidelberg mascha.heidelberg@mspartner.de...mehr

Landmark decision on platform liability in design law

In its decision of August 22, 2023 (14c O 67/23), the LG Düsseldorf ruled that Amazon is liable for an infringement of a Community design offered by third parties on its marketplace. In this regard, the LG Düsseldorf states that a claim against Amazon under the Community Design Regulation (Art. 19 (1) CDR) is justified...mehr

Board of directors and managing directors not personally liable for a company’s antitrust fines

In its ruling of July 27, 2023 (VI-6 U 1/22), the 6th Cartel Senate of the Düsseldorf Higher Regional Court (OLG) confirmed that neither the board of directors of a company nor the management must assume personal liability for antitrust fines. According to antitrust regulations, different fine standards are provided for...mehr

INTA Annual Meeting 2022, Washington DC

30 April until 04 May 2022 Participants:Patent Attorney Peter Müller, München, peter.mueller@mspartner.deAttorney at Law Mascha Heidelberg, Hamburg, mascha.heidelberg@mspartner.de...mehr

Current Case Law on sufficient disclosure of inventions

Judgment of 24.06.2020, [2020] UKSC 27, Supreme Court United Kingdom. A claimed product is sufficiently disclosed if at least one way of carrying out the invention is clearly indicated by the disclosure of the patent enabling the person skilled in the art to prepare substantially the full range of products covered by the...mehr