Germany: Court Procedure

In an eagerly awaited decision, the UPC Court of Appeal has provided detailed guidance on the UPC’s extra-territorial reach - 11 months after the Mannheim Local Division’s landmark...

The Düsseldorf Local Division of the Unified Patent Court has adopted The Hague's four-step equivalence test in a patent dispute between Wonderland Nurserygoods and Cybex.

Pre-insolvency restructurings can fail when individual creditors block viable solutions to negotiate better outcomes. The insolvency plan's cram-down mechanism enables court confirmation despite dissenting votes, provided dissenting groups receive legal protection and aren't unduly disadvantaged. Understanding cram-down logic helps stakeholders assess restructuring options and risks before insolvency occurs.

International Arbitration Comparative Guide for the jurisdiction of Germany, check out our comparative guides section to compare across multiple countries

The Court found that an application to declare requested information is not relevant to the decision is inadmissible.

If the infringement action and the counterclaim for revocation are withdrawn by the parties, 60% of the court fees can be reimbursed.

The decision on a R. 323 RoP (Art. 49(5) UPCA) request to change the language of proceedings into the language of the patent shall be based on all relevant circumstances...

All service outside the contracting member states is covered by section 2, i.e. Rules 273 and 274 RoP.

The court does not see a legal basis for pre-emptively and categorially ruling out the submission of any further auxiliary requests.