EPLAW Patent Blog

DE - Mannheim Regional Court III

Mannheim Regional Court, decision of 02/08/2010, docket no.: 2 O 88/10

- § 32 German Code of Civil Procedure (place of jurisdiction in matters of tort) does not determine the local competence of the court which has jurisdiction in action seeking payment of a contractual penalty.

- § 29 German Code of Civil Procedure (place of jurisdiction as place of performance) does not confer jurisdiction in action seeking payment of a contractual penalty on each place to which the duty to cease and desist applies. The place of performance of the cease-and-desist obligation and the contractual penalty is in principle the debtor's place of residence or place of establishment.

Read the decision (in German) here.

Headnote: Jan Dombrowski

DE - Mannheim Regional Court decision II

Mannheim Regional Court, decision of 23/04/2010, docket no.: 7 O 145/09

- As part of the recall claim to which the patent owner is entitled under § 140a (3) German Patent Act the patent owner may not prescribe how the infringing party should ultimate-ly remove the infringing items from the distribution channels.

- A recall claim does not apply to items which are already in the possession of a private or commercial final customer because they are no longer in the distribution channels.

Read the decision (in German) here.

Headnote: Jan Dombrowski

 

DE - Mannheim Regional Court decision I

Mannheim Regional Court, decision of 29/10/2010, docket no.: 7 O 214/10

- An interim injunction can only be granted in patent disputes if the question of infringement can be readily judged without doubt and if there are no serious doubts as to the patentability of the patent in suit. Even if these requirements are satisfied the respective interests of the parties must be appraised and weighed up against each other.

- The fact that a product which makes use of all features of at least one claim of the patent in suit is exhibited at a trade fair and that product catalogues containing order numbers for such product are also on display at the trade fair stand does not per se constitutes an offer pursuant to § 9 no. 1 Patent Act.

Read the decision (in German) here.

Headnote: Jan Dombrowski