Case Law – Irrelevance of a Patent’s Prosecution and Opposition History in German Patent Litigation

The Higher Regional Court of Duesseldorf reconfirmed this patentee friendly string of case law in a recent judgment (OLG Duesseldorf, judgment of December 20, 2017, I-2 U 39/16 – Smoking Article). The German patent litigation system is a bifurcated one. The civil courts handling infringement matters …