Case law

In order to be able to better assess a legal challenge, it is often helpful to take a look at the groundbreaking decisions that our law firm has been critically involved in. Our attorneys will be happy to advise you on the perspectives this opens up for your individual case.

Judgment of the Federal Patent Court on the right to claim priority

The priority claim of an international patent application by several applicants is formally valid as long as all applicants of the priority application are among the applicants of the international patent application - even if the applicants of the international patent application include applicants for different states.

Decision of the FCJ on auxiliary requests and the interest to take legal action in nullity proceedings

In this judgement, the FCJ (BGH) clarifies the requirements for new auxiliary requests in nullity appeal proceedings and for the infringement defendant's legitimate interest to take legal action after expiry of the patent.

Verdict of the FCJ concerning the rules for examination for the FPC

The FPC is neither obliged nor entitled to check the relevance of the state of the art that was submitted by the nullity plaintiff without comment.

Patent infringement in the use of a protected video signal by a video decoder

By playing a video signal encoded according to the patent, this is used as a protected direct process product, e.g. by a cell phone.

LG Düsseldorf submits issues to CJEU on FRAND requirements in the supply chain – Nokia vs. Daimler

The issues concern the effects of FRAND requirements with regard to licensing at different economic levels in a supply chain, the possibility of catching up on prelitigation conduct obligations, and the requirements for a licensing request.

A data sequence produced in accordance with a patented video compression process enjoys protection as a direct product of the process (MPEG-2 video signal coding)

The BGH ruled that a data sequence as a process product of a patented video compression process enjoys product protection. If such a data sequence is stored on a data carrier, the protection also extends to this data carrier.

FRAND verdict based on AVC/H.264 SEP

No right to obtain a license restricted to Germany without taking a worldwide license. No adjustment of royalties for China required. Confirmation of FRAND compliance in case of 2000+ existing license agreements – injunction claim available.

Market accepted license defines FRAND conditions

If there is a market acceptance for granting a worldwide license to all affiliated companies, this is decisive for the assessment of FRAND.

FRAND conditions are linked to market dominance of SEPs

The fact that a standard essential patent (SEP) is licensed only requires FRAND licensing conditions if this patent provides market dominance (MDSEP).