in Schenk
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
BAUSSMANN Collated Fasteners GmbH v.Raimund Beck Nageltechnik GmbH
1. When assessing the inventive step from a legal perspective, it should always be borne in mind that it must be avoided that an invention is assessed with knowledge of the invention, i.e. retrospectively. This also applies when common general knowledge is relied upon. Also in such a case, it is usually necessary for the person skilled in the art to have an incentive to arrive at the claimed subject matter based on the state of the art. 2. If the claimant in revocation action decides no
Hartmann Packaging A/S v.Omni-Pac Ekco GmbH Verpackungsmittel a. o.
This case concerns an infringement action and a counterclaim for revocation regarding European Patent No. EP 2 755 901 B1, brought by Hartmann Packaging A/S (formerly Brodrene Hartmann A/S) against Omni-Pac Ekco GmbH Verpackungsmittel and Omni-Pac GmbH Verpackungsmittel. The dispute relates to the German, French, and Dutch portions of the European patent. The Local Chamber Düsseldorf issued headnotes addressing the interpretation of 'same invention' under Article 87 EPC for priority purposes, the standard for inventive step regarding material selection, and issues of equivalence.
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