Germany: Court Procedure

The UPC Court of Appeal addresses a critical question of cost allocation when a patent holder surrenders their patent immediately after a revocation action is initiated. This case examines whether a claimant who files for revocation must bear the costs when the defendant offers no resistance and surrenders the patent at the outset of proceedings.

A nullity action has been filed at the Unified Patent Court's Central Division Munich challenging the validity of a unitary patent held by BAUSSMANN Collated Fasteners GmbH. The case, brought by Austrian company Raimund Beck Nageltechnik GmbH, concerns European Patent EP 4 283 140 B1 and will be heard by Panel 1 under the procedural rules governing patent nullity proceedings.

The Court of Appeal addresses whether the deadline for submitting a Statement of response to an appeal can be extended when new information becomes available after the Statement of grounds of appeal was received. This procedural decision involves an appeal between Fives ECL and REEL GmbH concerning European Patent EP 1 740 740, examining the application of specific UPCA articles and Rules of Procedure governing extension of time limits in UPC appeal proceedings.

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.

The UPC Court of Appeal addresses a procedural application under Rule 262A of the Rules of Procedure in a patent dispute between SharkNinja Operating LLC and multiple Groupe SEB entities concerning European Patent EP 3 689 198.

The Court of Appeal verifies ex officio compliance with the time limits and rules governing the appeal. When deciding on the admissibility of an appeal, an order rejecting the appeal as...

Omissions and mistakes in the German translation of a patent application filed in a foreign language can be corrected anytime and do not lead to a loss of the filing date.

In an era where the number of insolvencies is on the rise, a growing number of claimants involved in ongoing court proceedings are faced with the question: "What will happen to my lawsuit if the opposing party becomes insolvent?"

The claim must not be limited to the scope of preferred embodiments. The scope of a claim extends to subject-matter that the skilled person understands...