injunction-Archiv - meier ip https://meier-ip.eu/tag/injunction/ Your IP service provider. Wed, 12 Apr 2023 11:32:49 +0000 en-US hourly 1 https://meier-ip.eu/wp-content/uploads/2025/12/cropped-l-32x32.jpg injunction-Archiv - meier ip https://meier-ip.eu/tag/injunction/ 32 32 Injunctive relief https://meier-ip.eu/patent/injunctive-relief/ Wed, 12 Apr 2023 11:32:49 +0000 https://www.meier-ip.eu/?p=518 Section 139 of the German Patent Act deals with the most important consequences of a finding of patent infringement, including injunctive relief. In the 2021 revision of the German Patent Act, section 139 was revised. Revised section 139(1) s. 3, 4 now specifies that there can be circumstances in which patentee is not entitled to …

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]]> Section 139 of the German Patent Act deals with the most important consequences of a finding of patent infringement, including injunctive relief. In the 2021 revision of the German Patent Act, section 139 was revised. Revised section 139(1) s. 3, 4 now specifies that there can be circumstances in which patentee is not entitled to injunctive relief. There was (and still is) some uncertainty as to how much of a change this amendment means as compared to the previous version which did not include these exceptional provisions.

A recent decision of the Regional Court Düsseldorf provides guidance on section 139 of the German Patent Act as revised in 2021. In the decision LG Düsseldorf of July 7, 2022, 4c O 18/21 – Sofosbuvir, the Regional Court Düsseldorf held that section 139(1) s. 3 is applicable only in very exceptional circumstances and only subsidiarily to compulsory license proceedings. Thus, based on this decision, it appears that injunctive relief is still available in all those cases in which the infringing party has not initiated compulsory license proceedings.

Der Beitrag Injunctive relief erschien zuerst auf meier ip.

]]> Judges panel in UPC conference https://meier-ip.eu/patent/judges-panel-in-upc-conference/ Fri, 18 Nov 2022 06:54:36 +0000 https://www.meier-ip.eu/?p=467 The EPO co-hosted a conference on the new unitary patent system in the mid- November 2022. Part of the conference was a judges panel featuring some of the prominent figures that were recently elected to the UPC bench. Various topics were discussed. Just some examples: There appeared to be consensus among the panelist judges that …

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Der Beitrag Judges panel in UPC conference erschien zuerst auf meier ip.

]]> The EPO co-hosted a conference on the new unitary patent system in the mid- November 2022. Part of the conference was a judges panel featuring some of the prominent figures that were recently elected to the UPC bench. Various topics were discussed. Just some examples: There appeared to be consensus among the panelist judges that it will be rare for a revocation counterclaim to be separated from infringement proceedings and be sent to the central division (unless there are plural revocation counterclaims before different local/regional divisions). The judges’ current views appeared to be less aligned with regard to issues such as disproportionality of injunctive relief. A recording of the conference is still available online – worth watching if you are interested in this topic.

Der Beitrag Judges panel in UPC conference erschien zuerst auf meier ip.

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