Germany: Court Procedure

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.

Pre-insolvency restructurings can fail when individual creditors block viable solutions to negotiate better outcomes. The insolvency plan's cram-down mechanism enables court confirmation despite dissenting votes, provided dissenting groups receive legal protection and aren't unduly disadvantaged. Understanding cram-down logic helps stakeholders assess restructuring options and risks before insolvency occurs.

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.

The Court found that an application to declare requested information is not relevant to the decision is inadmissible.

If the infringement action and the counterclaim for revocation are withdrawn by the parties, 60% of the court fees can be reimbursed.

Since the Covid-19 pandemic and the resulting move toward home office for many employees, unions have been looking for ways to enter employers virtually...

All service outside the contracting member states is covered by section 2, i.e. Rules 273 and 274 RoP.

The court does not see a legal basis for pre-emptively and categorially ruling out the submission of any further auxiliary requests.

The decision has to take grounds of fairness and all relevant circumstances into account, Art. 49(5) UPCA. Decisive are the respective interests at stake.