Bifurcation

Subscribe to Bifurcation

The German legislature (Bundestag and Bundesrat) has passed a bill that will change German patent law. The bill will enter into force soon. Under the new law, injunctions in patent infringement cases will be restricted by proportionality considerations in individual cases. Further, stronger procedural safeguards will become available for the disclosure of confidential information during patent infringement proceedings.
Continue Reading Germany Passes Law to Restrict Injunctive Relief in Patent Cases by Proportionality Considerations

On 28 October 2020, the German Federal Government passed a bill to simplify and modernize the German patent law. The bill is expected to pass the German Parliament (Bundestag) early next year. Once the draft law passes, injunctions in patent infringement cases will be restricted by equitable considerations in individual cases.
Continue Reading German Government Passes Bill to Simplify and Modernize Patent Law

According to press reports, the German Ministry of Justice recently released a draft law proposal to restrict injunctions in patent cases by equitable considerations in individual cases. Currently, under German patent law, a permanent injunction is the automatic remedy if a patent is found to be infringed. And since digitalization has led to an increase in the number of patents involved in a single product (e.g., cars, smartphones), the grant of injunctive relief based on a single patent may therefore easily …
Continue Reading German Government Announces Plans to Restrict Injunctive Relief in Patent Cases by Equitable Considerations

In Germany, questions of patent infringement and validity are (somewhat controversially) tried separately in different courts. While the Federal Patent Court has exclusive jurisdiction over actions for nullity (section 81(4) of the Patent Act) with a possible appeal to the Federal Court of Justice, infringement proceedings are dealt with by the civil divisions of …
Continue Reading Patent Claims Must Be Reviewed Independently by Infringement and Nullity Courts According to the German Federal Court of Justice