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Prior Art and Public Availability: Key Decisions in German Patent Litigation

The Situation: Even after the introduction of the European Unitary Patent Court, Germany remains a key battleground in major patent litigations. In the bifurcated German litigation system, nullity cases are heard before the...more

Unified Patent Court Publishes Its First Case Load Statistics

The UPC, a single patent court for European Union Member States, has published the first statistics on its case load since its establishment in 2023. Between June 1, 2023, and January 31, 2024, a total of 196 cases were filed...more

Closing the "Injunction Gap": Overhaul of German Patent Act Speeds Up Litigation

An upcoming change in Section 83 of the German Patent Act ("PatG") will close the gap between the duration of patent infringement compared to the duration of invalidity proceedings in Germany. From May 1, 2022, onwards, the...more

Still Alive: The German "Automatic Injunction" in Patent Infringement Cases Under the New Patent Act

The new PatG provides an exception to the general rule that injunctions result as a direct consequence of infringement for cases in which an immediate injunction would result in disproportionate hardship when weighing the...more

JONES DAY PRESENTS®: Trade Secret Enforcement in Germany [Video]

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

Second Medical Use Patents in Europe: Are UK and Germany Swapping Approaches?

The UK Supreme Court's ruling in Warner Lambert v Actavis resulted from deliberations over the proper approach to matters relating to infringement of second medical use patent claims. The standard proposed by the UK Supreme...more

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