Germany: Trials & Appeals & Compensation

A party may make an application for a confidentiality order pursuant to R. 262A.1 RoP if it is seeking protection for information that it is required to disclose under the operative part of a court decision. However, the application must be made during the proceedings on the merits if it can be reasonably foreseen that confidentiality issues will arise.

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There is a basis for concern regarding an expert’s bias if – from the perspective of a knowledgeable and reasonable observer – certain circumstances give rise to justified doubts as to the expert’s impartiality or independence i.e., there is a likelihood that the expert’s decision will be influenced by factors other than the aforementioned duties.

The applicable version of the RoP is determined by the filing date of the action, not by the date of subsequent procedural steps (Art. 5 of the Administrative Committee’s decision of 4 November 2025)

The President applied the Court of Appeal’s multi-factor framework, considering case-related circumstances (predominant language in the technology field...

This ensures that the decision will be taken by the judge-rapporteur, who is familiar with the case file.

An independent process claim and the corresponding description can only be relevant when determining the scope of protection of an independent product claim if the patent specification indicates that it also describes...

Under Art. 68(1) UPCA, the Court shall, at the request of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in a patent infringing activity, to pay the injured party damages...

R. 114 RoP is applicable only in exceptional situations where, during the oral hearing, a specific issue or a specific in-depth investigation is identified as necessary and cannot reasonably be completed...