Blog and News
An event organized by the Club Español del Arbitraje and the Asociación Venezolana de Arbitraje with the participation of attorney-at-law Erik Schäfer (C&F)
Düsseldorf, July 14, 2021 – The District Court of Munich I will establish a third half patent litigation chamber come August 16, 2021. The reason given by the Court is the steadily increasing number of patent litigation cases. The new patent litigation chamber will be chaired by presiding judge Dr. Georg Werner. Information on the further staffing…
Federal Constitutional Court rejects urgent request against the Unified Patent Court Agreement.
Over the past decade, the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) has changed its case law on the patentability of plants (and animals) produced by essentially biological processes according to Article 53(b) of the European Patent Convention (EPC) several times. Rather than achieving the envisioned legal certainty, the…
C&F considers significant changes in practice unlikely
C&F doubts significant impact on practice
C&F hopeful for economic recovery and new innovative spirit
Svenja Schwandt and Dr. Lauren Schweizer bolster the firm in the fields of Physics and Chemistry, Pharma & Life Sciences
The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) has ruled in its G 4/19 decision this week that a European patent application can be refused during prosecution under Art. 97(2) EPC on the basis of double patenting under the European Patent Convention (EPC) and that this also applies to cases concerning double patenting…
Joint publication by Cohausz & Florack and JUVE Patent
Düsseldorf, June 1, 2021 – The decision on the legality of the European Patent Office’s (EPO) regulation on video-hearings was postponed on May 28, 2021 by the Enlarged Board of Appeal after several hours of proceedings. At the core of the proceedings is the question of whether holding video-hearings without the consent of the parties is compatible…
Legal considerations and strategic aspects
August 24, 2021
EPO video-hearings: Enlarged Board of Appeal reviews challenges on grounds of suspected partiality and exchanges board members
Düsseldorf, May 27, 2021 – Is it lawful to conduct oral hearings before the European Patent Office (EPO) by video conference without the parties having to give consent?
An overview of the enforcement of anti-counterfeiting in Germany
C&F: “A step backwards for the German patent system”
In the digital age, software solutions, algorithms, and computer-implemented simulations are a matter of course – and have long preoccupied the legal community:
Düsseldorf, May 5, 2021 – The Federal Patent Court (BPatG) has a new President: Dr. Regina Hock was inaugurated into office on April 30, 2021 by Federal Minister of Justice Christine Lambrecht and State Secretary Dr. Margaretha Sudhof. She succeeds Beate Schmidt, who headed the Federal Patent Court for ten years. Due to the pandemic, the transfer…
Comment on oral hearings at the EPO: Leading patent attorney firms consider compulsory video conferences unlawful
Düsseldorf, April 26, 2021 – The question as to whether oral hearings at the European Patent Office (EPO) may be held by video conference without the consent of the parties is still preoccupying the legal community (see C&F Press Release of March 24, 2021). The Enlarged Board of Appeal, the highest court of the EPO, has now scheduled a hearing on…
Düsseldorf, March 24, 2021 – The European Patent Office (EPO) announced on November 10, 2020 that oral proceedings before the boards of appeal can be organized as video conferences even without the consent of the parties (cf. C&F Press Release of December 22, 2020). One board of appeal of the EPO has meanwhile called this new procedure into…
German Federal Court of Justice (BGH) decision: Drahtloses Kommunikationsnetz (wireless communication network)
C&F continues to strongly question legal basis
C&F criticises UPC supporters' accusations against the Federal Constitutional Court
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.
C&F: "Standstill in the ratification process hardly surprising"
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.
C&F criticizes new stricter rules of procedure
Order for reference to the European Court of Justice in the patent infringement action Nokia ./. Daimler
Press release of the LG Düsseldorf from 26.11.2020
New publication in Cohausz & Florack's "CFUpdate" series
CFWebinar: First experiences and case law under the New Rules of Procedure of the EPO Boards of Appeal
Recording from December 07, 2020
Düsseldorf, 02 December 2020 – Cohausz & Florack (C&F) is further expanding its team of partners: Björn Brouwers, a patent attorney at C&F since 2017, will become partner at the Düsseldorf office effective 1 January 2021.
Developments in many fields of technology are software based. For example, tools based on artificial intelligence can provide assistance in analysis of complicated technological data. Blockchain based database technology can provide a high degree of data security in distributed database systems. But – given that software as such is excluded from…
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.
Discovering a previously unknown indication for a known drug is a common pattern in pharmaceutical research and development. Perhaps the most widely known example for the repurposing of a known drug is acetylsalicylic acid, also known as aspirin. Originally developed by Bayer in 1897 as a pain and fever medication, long-term low dosing of aspirin…
Oral proceedings via video conference: The EPO Boards of Appeal propose to amend the Rules of Procedure
C&F still critical of mandatory participation in video conferencing
The FPC (BPatG) is neither obliged nor entitled to check the relevance of the state of the art that was submitted by the nullity plaintiff without comment.
Criticism from C&F: "There is no substitute for in-person oral proceedings".
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 FCJ (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.
Recording from November 4, 2020
C&F expecting further changes in the legislative process
A patent pool is a joint licensing programme enabling one or more licensors to license a plurality – a pool – of patents to a plurality of licensees. Such a patent pool can be a considerably useful instrument to promote innovation and simultaneously induce competition on the market of the licensed products.
The fact that a standard essential patent (SEP) is licensed only requires FRAND licensing conditions if this patent provides market dominance (MDSEP).
Decision of the FCJ on auxiliary requests and the interest to take legal action in nullity proceedings
In this judgment, 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.
CFWebinar: First experiences and case law under the New Rules of Procedure of the EPO Boards of Appeal
December 7, 2020
November 4, 2020
"This year’s Nobel Prize in Chemistry is about rewriting the code of life".
Arbitrating IP or know-how related disputes in the life sciences, pharma and chemical industries can be a challenge. Erik Schäfer and Natalie Kirchhofer of Cohausz & Florack ask who is up to the task of counsel or arbitrator.
C&F: "Important step towards promoting innovative businesses in Europe"
C&F sees new possibilities for implementation of the EU Community Patent
More leeway for SEP holders in the granting of licenses
Federal Ministry of Justice continues to support the Unified Patent Court despite constitutional concerns and Brexit
Düsseldorf Regional Court again sends one of its presiding judges to Karlsruhe
Recording of our webinar, June 22, 2020
District Court of Düsseldorf: Major patent infringement proceedings in 2019 and 2020 with participation of Cohausz & Florack
In 2019, major infringement proceedings were conducted at the civil chambers 4a, 4b and 4c of Düsseldorf District Court. C&F participated in many of them in court or was involved with them.
In a recent high stakes CRISPR/Cas patent opposition case, the EPO Boards of Appeal have once again confirmed their strict and formalistic approach towards the (in)validity of priority claims. It is essential to know the EPO’s strict requirements for validly assigning the priority right.
Recording of our Webinars on 4 June 2020
European Patent Office denies patentability of plants and animals obtained by essentially biological processes (G 3/19 "Pepper")
Reversal of previous case law with far-reaching consequences
Düsseldorf, 06.05.2020 – In the long running case Sisvel vs. Haier the Federal Supreme Court Germany (Bundesgerichtshof) on May 5, 2020 confirmed an injunction claim of Sisvel against Haier (File No. K ZR 36/17).
C&F: "Important step to remain functional in the corona crisis"
C&F: "Unification of European patent law has failed"
Our world is full of small and big miracles. Nature is often an inspiration for research. But what would happen if research and development were no longer worthwhile because there is no system to protect investments in inventions and new products? What would our world look like then?
Top results in value-added manufacturing, high-tech density and patent activity
C&F: "Personnel situation of the Federal Patent Court must be significantly improved."
Reference book written with the participation of experts from Cohausz & Florack
Standard Essential Patents (SEPs) are patents that are implemented when a technical standard is used. The enforcement of SEPs is currently one of the most stimulating topics in patent law.
Trespassing prohibited - The availability of injunctive relief varies widely around the world. In our first analysis of the global injunction landscape we lift the lid on which jurisdictions provide the best opportunity for a sales ban
C&F informs about changes and challenges for patentees and opponents
ECJ ruling on the international jurisdiction of judges for cases regarding the infringement of Union trademarks
Relief for German companies filing infringement action
Judgment of the Federal Court of Justice from May 14, 2019
Innovative pharmaceutical companies are faced with a dilemma when seeking patent protection at the European Patent Office (EPO) for novel medical use or compound claims.
Stricter rules enter into force on 1 January 2020
Will the publication of the ECJ ruling Huawei vs. ZTE lead to the expected progress in clarifying the fronts between SEP holders and users of SEPs? In order to be able to answer this, it is necessary to first approach the matter in principle.
C&F supports cooperation between the world’s five largest patent offices
Annual Report 2018 of the EPO Boards of Appeal
Patent term extensions via supplementary protection certificates (SPCs) play a key role in the protection of drugs and plant protection products in Europe. Understanding their complex legal framework is just as crucial.
C&F on the continued validity of intellectual property rights in the United Kingdom
LG Düsseldorf expands its own judgments on FRAND conditions
14 German law firms advocate reliable patent protection for inventors and companies at the EPO
Court of appeal confirms judgement of Düsseldorf district court of Düsseldorf’s judgement on standard essential patents
London Court of Appeal makes decision judgement in case of Unwired Planet v. Huawei
Present days are seeing the largest joint development processes ever, and the incentives to make use of these joint developments without intellectual or financial contribution are extraordinary
Recording of our webinar on 11.10.2018 in cooperation with Management Circle
Results of the Global Innovation Index 2018
C&F team consolidates its successes from previous years
Case figures published for 2017
Statement by Cohausz & Florack on the conditions at the EPO
The Technical Board of Appeal of the European Patent Office (EPO) decision (February 1 2017) upholding the revocation of Bristol-Myer Squibb’s (BMS) European Patent 1169038 for lack of inventive step came as a shock and a surprise for many in the pharmaceutical sector.
Important decisions of the supreme courts of Germany, Great Britain and Switzerland
Judgment of the Higher Regional Court of Düsseldorf from March 14, 2018
Prof. Dr. Siegfried Broß talks to C&F
The structure of the European Patent Convention (EPC) is incompatible with the German Basic Law (“Grundgesetz”) in many ways, says Prof. Dr. Siegfried Bross, former judge at the German Federal Constitutional Court. An interview about obstacles and failures on the way to a Unified Patent Court.
Speech at the opening ceremony of the office of the patent attorneys and lawyers Cohausz und Florack in Munich on 28 November 2017
Federal Court of Justice suspends decisions of the Federal Patent Court for the time being.
Cohausz & Florack (C&F): “The right person at the head of the EPO to solve personnel-related and structural challenges.”
As the European Court of Justice (ECJ) has seen an overwhelming number of referrals regarding patent term extensions in recent years, the interpretation of the law in this area has become increasingly complex. This chapter provides up-to-date answers to the most frequently asked questions on supplementary protection certificates (SPCs).
Patent pools are agreements between two or more patent owners to aggregate a number of patents and then license these to each other or third parties.
C&F: “BGH decision is welcomed”
Second, fully revised edition of the standard reference book – again with the participation of attorney-at-law Erik Schäfer, Cohausz & Florack
The Unified Patent Court received an unexpected boost in November 2016, when the UK government committed to ratifying the agreement despite Brexit. Private practice experts from three leading European law firms discuss the implications.
Unitary Patent Court: New options for patentees
The decision by UK voters to leave the European Union has thrown plans for the Unified Patent Court into chaos. Specialists from three top European law firms discuss what is likely to happen now, as well as other key issues.
Relief for patentees and applicants with regard to so-called “poisonous divisionals”.
C&F sees possible break-through for European court system.
The French investment fund France Brevets has recently granted the electronics provider Samsung important patent licenses for the use of NFC technology. The companies agreed on a contract, according to which Samsung is permitted to use NFC patents for contactless data transmission over a very short distance in its products.
Germany among the Top 10 most innovative countries for the first time – and a leader in terms of patent applications
Global Innovation Index 2016
The proposed Unified Patent Court (UPC) is expected to have a strong impact on patent filing and enforcement strategy in the pharmaceutical sector, because pan-European patent coverage and cross-border patent enforcement are of primary importance to pharmaceuticals.
Repeatedly successful marketing of NFC patent portfolio
The proposed Unified Patent Court (UPC) has long attracted the attention of both enthusiasts and critics. Whatever your opinion of the new system, now is the time to get acquainted with it: preparations for the UPC are in their final stages and legislators and organisational committees are working hard to ensure that the long-anticipated new system…
C&F at Hannover Messe from 25 to 29 April 2016
“ICC Arbitration in Practice” provides orientation and guidance in the area of international arbitration
EPO study shows strong growth in green technologies
C&F seminar: “Losing know-how – a new challenge” on 1st December 2015 in Düsseldorf
All EU member states will be able to use the proposed common European patent court, the Unified Patent Court (UPC). The UPC will hear infringement and revocation proceedings for European patents that are valid in the territories of the participating states.
Federal Court of Justice (BGH) ruling strengthens innovative companies
EPA Social Report 2014: more personnel for the protection of inventions
Judgment in patent proceedings Huawei vs. ZTE
Guidance and manual for prospective patent attorneys
C&F informed about the economic importance of intellectual property rights at Hannover Messe
C&F seminar: “Intellectual Property rights in corporate groups” on May 7, 2015 in Düsseldorf
Special exhibition for innovative products and technologies
C&F at the Hannover Messe from 13 to 17 April 2015
C&F strengthens its presence in national and international arbitration institutions
BGH rules on the long-time patent procedure concerning TV technology
Cohausz & Florack (C&F) continually enhances its electrical engineering section: On January 1 2014 Dr. Fabian Vogelbruch was appointed partner.
16 scholarships for talented RWTH Aachen students since 2010