We are greatly interested in presenting you with our ideas for dealing with your intellectual property rights. In addition to current judgements, you can also download our free series of guides CFUpdate and CFCompact. If you would prefer to hold our documents in your hands than to read them on a screen, please send us an e-mail to marketing@cohausz-florack.de. We will then gladly send you the corresponding brochures by post.

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We publish our free e-mail newsletter CFTicker eight to ten times a year. It contains interesting information on industrial property rights and intellectual property. We look forward to receiving your subscription via the link below, which you can of course cancel at any time.

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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.

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).

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.

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.

Daidalos: Discover the world of ideas!

At www.daidalos.blog we present to you the ideas that are driving society forward today – including everything from technical marvels to practical everyday inventions. And we also present the clever minds behind these ideas: innovative German companies and their inventors.

Whether fire or photography, steam engine or jet plane – the history of mankind is filled with ingenious ideas that help to improve our living conditions. To this day, we know that such innovations create value and are a driving force of our society. We would like to make this valuable influence of innovations known to a broad public and thus strengthen the image of inventors in Germany (unfortunately, Daidalos is currently only available in German).

Our CFUpdates

Valuable, secret, protected: On the handling of information under the new Trade Secrets Act

On 21 March 2019, the German Bundestag passed a new law to better protect secret information and to ensure uniform protection throughout the EU. However, in order for companies to receive comprehensive protection for their trade secrets, they must also protect them better than before under the GeschGehG, i.e. take appropriate protective measures.

CFUpdate - Intellectual property rights at trade fairs

This guide serves to help you find out more about how you can already protect the intellectual property (IP) of your company in the time leading up to a trade fair. You will also be shown what to do if during a trade fair you notice that a competitor has infringed your IP rights.

Firm Brochure

COHAUSZ & FLORACK

Cohausz & Florack (C&F) is a law firm founded in 1954 comprising 29 patent attorneys and attorneys-at-law as well as about 140 employees with offices in Duesseldorf and Munich. The multidisciplinary law firm supports its clients in all matters relating to IP and unfair competition. This includes the drafting and filing, administration and licensing of extensive IP portfolios, searches for third-party IP and the associated Freedom-to-Operate expert opinions as well as cooperation agreements. C&F also represents its clients in proceedings concerning the infringement and validity of IP rights.