Germany: Arbitration & Dispute Resolution

The Düsseldorf Local Division of the Unified Patent Court has adopted The Hague's four-step equivalence test in a patent dispute between Wonderland Nurserygoods and Cybex.

A German court's landmark decision in the European bathroom fittings cartel case has established a five-step framework for estimating cartel damages, with particular emphasis on using economic simulation models to assess pass-through rates to indirect purchasers. This analysis explores how these models address the fundamental challenge of reconstructing unobservable counterfactual market conditions and demonstrates their practical applicability in litigation.

The UPC Court of Appeal addresses a procedural application under Rule 262A of the Rules of Procedure in a patent dispute between SharkNinja Operating LLC and multiple Groupe SEB entities concerning European Patent EP 3 689 198.

In an important decision this year (I ZB 48/24), the German Federal Court of Justice confirmed that parties can agree to exclude the application of German law on general terms and conditions...

During its first two years, the UPC has already proven itself as a fast and reliable, high-quality venue, with a growing body of case law making it even more predictable day after day.

It is widely acknowledged that international organisations proliferated in the aftermath of World War II, although preliminary forms had existed earlier.

The EU has embarked on a mission. A mission to reduce transaction costs in Standard Essential Patents ("SEP") licensing and litigation.

On 27 July 2023, the German Federal Court of Justice ("BGH") ruled on applications by Germany and the Netherlands to declare two pending ICSID arbitrations inadmissible.

In den letzten Jahren haben speziell Russlands Krieg gegen die Ukraine sowie die mittlerweile gelockerte Coronapolitik der Volksrepublik China zu immensen Verzögerungen und Ausfällen in der globalen Lieferkette geführt.