Der BGH hat mit Beschluss vom 29. Juni 2023 die Nichtzulassungsbeschwerde hinsichtlich des Urteils des Kammergerichts vom 14. Oktober 2022 zurückgewiesen, welches die Löschung der deutschen Wortmarke Nr. 3020130575741 für das Zeichen „Black Friday“ bestätigte. Dies hat der Kläger auf seiner Homepage mitgeteilt. Damit findet ein mehrjähriger Rechtsstreit sein Ende....
The First UPC Preliminary Injunction Order
Swiss e-bike manufacturer, myStromer AG, and its competitor, Revolt Zycling AG, were both exhibiting their bicycles at Eurobike 2023 in Frankfurt, one of Europe’s largest bike trade fairs. MyStromer AG, based in Oberwangen, is a Swiss manufacturer of fast e-bikes with a speed of up to 45 km/h. MyStromer applied...
Inventions based on Data Collection
The European Patent Office is still developing its case law on inventions which involve the collection and use of data. A few years ago, the Enlarged Board of Appeal in case G1/19 reviewed a patent application relating to the simulation of the movements of pedestrians. It concluded that the application...
First UPC Preliminary Injunction
The Düsseldorf location has been one of the most active courts in national German patent litigations and widely used by international patentees. It has now issued the first known ex-parte injunction in the Unified Patent Court (UPC). The patent in dispute relates to EP2546134 which is a “Combination structure of...
Standard Essential Patents at the European UPC
The Chinese company Huawei has apparently become the first company to file a patent infringement suit based on a standard essential patent in the new European Unitary Patent Court (UPC), according to a report in the IAM magazine. So-called "Standard Essential Patents" (abbreviated to SEPs) are patents protecting a technology required...
Euro Parliament agrees text of AI Act
The European Parliament approved on Wednesday, 14th June, a revised version of the EU Artificial Intelligence Act (AIA). The text will now pass to the so-called "trilogue", at which will be discussed with the European Commission and the Member States. The AI Act appears to be on a path to adoption in...
Critical Raw Materials and Quantum Technology
Critical raw materials are materials that are essential for the production of high-tech products, but are in limited supply and have in the past few years faced potential supply chain disruptions. These materials are called "critical" because they are used in many modern technologies, including quantum computing, semiconductor electronics, as...
Neural Networks and Technical Problems
According to the European Patent Office's Board of Appeal Decision T 0702/20, a neural network defines a class of mathematical functions and, as such, cannot be protected by a European Patent. However, the neural network can be considered when assessing the inventive stop used to solve a technical problem and...
UPC Agreement Ratification – Breaking news
Germany today ratified the Agreement on a Unified Patent Court (UPC). With the approval by Germany, the conditions for the entry into force of the Agreement have been created. The Unified Patent Court will start its work on June 1, 2023. The Agreement’s entry into force will mark a new...
European Fund supporting SMEs
The European Commission has implemented a fund to support European Union based small and medium-sized enterprises to obtain and exploit intellectual property rights, such as patents, trademarks and designs. Small and medium-sized enterprises (SMEs) play a vital role in the economy of the European Union. The growth of these companies...