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