He also represents clients, alongside pat - ent - attorneys, in paral - lel opposition and
nullity proceedings before the European Patent Office, Federal Patent Court and Federal Supreme Court.
Typically
the nullity proceedings lag behind the infringement cases.
But under Germany's bifurcation regime, the validity of patents is challenged in separate
nullity proceedings that start before the Federal Patent Court.
Another risk factor is the possibility of invalidating the effect of the European Patent in Poland in
nullity proceedings before the Polish Patent Office (PPO).
Therefore, a risk that subject matter of granted European Patent may be found non-technical and hence not patentable by the PPO in
the nullity proceedings is not negligible.
An exception to this rule is permitted in the case of
nullity proceedings, legal separation, or same - sex marriage.
Apple still argued that the case should be stayed not only pending
the nullity proceedings at the Federal Patent Court but also the EU antitrust investigation.
The German team consisting of myself at COHAUSZ & FLORACK as key account and Axel Verhauwen at Krieger Mes represented France Brevets in multi-patent infringement actions filed at the Landgericht Dusseldorf against Samsung as well as the corresponding
nullity proceedings initiated by Samsung at the Bundespatentgericht in Munich.
He also represents clients, alongside patent - attorneys, in parallel opposition and
nullity proceedings before the European Patent Office, Federal Patent Court and Federal Supreme Court.
Not exact matches
In the U.S., there is a full invalidity defense in all patent infringement
proceedings — not so over here, where bifurcation, a concept I've blogged about and criticized before, typically results in infringement rulings long before adjudication of parallel
nullity (invalidation) complaints, creating an opening for the enforcement of improperly - issued patents, potentially for several years (way too long for most defendants to refuse to settle).
It found that s 23 and s 24 of MCA 2005 were governed by s 21 (1) to state that these provisions are for the purpose of «adjusting the financial position of the parties to a marriage and any children of the family in connection with
proceedings for divorce,
nullity of marriage or judicial separation», and was clearly intended to assist (living) parties to the marriage.
In
proceedings for
nullity of marriage on the ground that the marriage is void or voidable, the court may, nonetheless, grant the relief sought where both parties to a marriage reside in Singapore at the time of the commencement of the
proceedings.
Singapore courts shall have jurisdiction to hear
proceedings for divorce, presumption of death and divorce, judicial separation or
nullity of marriage only if either of the parties to the marriage is (a) domiciled in Singapore at the time of the commencement of the
proceedings; or (b) habitually resident in Singapore for a period of 3 years immediately preceding the commencement of the
proceedings.
Citing Frank v King Estate (1987), 1987 ABCA 244 (CanLII) at pp. 300 - 301; Stout Estate v Golinowski Estate, 2002 ABCA 49 (CanLII) at paras. 76 - 82; Pearson Finance Group Ltd. v Takla Star Resources Ltd., 2002 ABCA 84 (CanLII) at para. 21; and Kopr v Kopr, 2006 ABQB 405 (CanLII) at paras. 21 - 2, Slatter J.A. found the «modern approach» is that procedural shortcomings, even those of a fundamental nature, do not render
proceedings a
nullity.
Nullity actions before the Federal Patent Court take longer than infringement
proceedings in Munich and Mannheim, but (excluding an appeal to the Federal Court of Justice) usually not much longer than ITC investigations.
The Munich team handles cases before the Munich courts (for infringement
proceedings at the trial and appellate level) and the German Federal Patent Court (
nullity actions), as well as in
proceedings before the German PTO (cancellation actions) and the European Patent Office.
Infringement
proceedings are frequently adjudged ahead of
nullity cases (particularly in a court like Mannheim, a rocket docket for patents), but a regional court can stay an infringement case pending resolution of the
nullity action if, in its assessment, there is a high likelihood of invalidation.
Their lordships, by a majority, said the claimant's undoing was really due to his failure to proceed within the limitation period and held that a claim brought in respect of an act purporting to be done under the powers of MeHA 1983 was a complete
nullity if the claimant had failed to obtain the leave of the High Court under MeHA 1983, s 139 (2) before issuing
proceedings.
The lawyers in our Mannheim office focus on intellectual property disputes in general and patent disputes in particular (including patent infringement suit, opposition
proceedings and
nullity actions).
(3) Pending
proceedings for a decree of
nullity of marriage on the ground that the marriage is void or
proceedings of a kind referred to in paragraph (b) of the definition of matrimonial cause in subsection 4 (1) may be continued and shall be dealt with as if they were
proceedings instituted under this Act.