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FOSS Patents
Monday, April 5, 2021
Based on how the
Google v. Oracle Supreme Court hearing went in October 2020, it appeared to be a given that the Java APIs in question were copyrightable, and the fair use debate was over whether the Federal Circuit had correctly ruled against Google
or whether the San Francisco jury would have had to be afforded so much deference that a judgment as a matter of law wasn t warranted. In the former case, the case would have gone back to San Francisco for a remedies determination. In the latter case, the Federal Circuit would likely have remanded for a retrial, as Oracle was disadvantaged by the district court.
Tuesday, February 2, 2021
Another pre-emptive strike by the German judiciary against patent injunction reform: no reform at all might be the best outcome by now
It s high time that those advocating patent injunction reform in Germany a broad coalition of companies from many countries seriously asked themselves one question:
Wouldn t it be tactically smart at this stage to ask the Bundestag (Federal Parliament) to pass its patent reform bill
without a new statute on injunctive relief
I m raising this question and as you may have figured, it s a rhetorical one in light of the latest pre-emptive strike by the German patent judiciary against the useless pseudo-reform that s on the table. The latest anti-reform torpedo was fired this month by Judge Dr. Klaus Grabinski of the Bundesgerichtshof (Federal Court of Justice), the undisputed superstar among those German patent judges who are not going to be legally required to retire in the nearest future and by far the most logical candi
Tuesday, January 26, 2021
Leapfrogging to Luxembourg: Munich I Regional Court refers to the CJEU the question of access to preliminary injunctions over untested patents
Over the years, the Supreme Court of the United States decided a number of patent cases, which is reflective of how important some controversies in that field of law are. Critics of the Federal Circuit would say the Supreme Court just had to step in all the time to restore sanity. Is it a correct application of Art. 9 para. 1 of Directive 2004/48/EC that higher regional courts, whose decisions cannot be appealed further in preliminary injunction proceedings, generally deny injunctive relief over patent infringement if the patent-in-suit has not survived an opposition or nullity proceeding in the first instance?
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The 21st Civil Chamber of the Munich I District Court has referred a question on the availability of preliminary injunctions against patent infringements to the Court of Justice of the European Union (CJEU) in Luxembourg (Munich I District Court docket no. 21 O 16782/20, decision of 19 January 2021).
Key takeaways
The Munich I District Court has referred a question to the CJEU on whether the current standard for granting preliminary injunctions in patent litigation should be lowered.
The Munich judges indicate that the current standard imposes an undue burden on patentees, especially for newly issued patents.