Wolfgang Flasche

May 28, 2024 | ipwatchdog.com | Eileen McDermott |Gene Quinn |Tobias Wuttke |Wolfgang Flasche

“The Federal Circuit’s Rule 36 Judgment creates uncertainty and confusion. Patent Owner – and the public – are left to guess which of these alternative scenarios the Federal Circuit actually intended (i.e., which set of claim constructions it found was correct) when it affirmed.” – Schwendimann petitionFollowing the denial of another petition for certiorari in March, Jodi A.

May 28, 2024 | ipwatchdog.com | Tobias Wuttke |Wolfgang Flasche |Randall R Rader

“Recent decisions by the EPO’s Boards of Appeal again underscore the strict enforcement of Article 123 (2) to maintain the high standard it defined for added matter and original disclosure.”The European Patent Office’s (EPO) Boards of Appeal have displayed a stringent approach towards added subject matter in recent decisions, particularly in comparison to other jurisdictions.

Mar 12, 2024 | mondaq.com | Wolfgang Flasche |Georg Anetsberger

Decision against bifurcation before closure of written procedure The Local Division The Hague decided to hear both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA) and not to bifurcate. This desicsion was taken before the closure of the written procedure (R. 37.2 RoP) for practical reasons. The decision was in conformity with the preferences of both parties.

Mar 12, 2024 | mondaq.com | Wolfgang Flasche

Each party must bear its own legal costs until a final decision and cost order is made Even if both parties are start-ups or SMEs, both parties have a limited cash-flow, are competitors of each other and the claimant has limited financial capacities, each party must bear its own legal costs until a final decision and cost order is made. Only exceptional circumstances, such as an abuse of rights, would warrant a cautio.

Mar 12, 2024 | mondaq.com | Wolfgang Flasche

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