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LimeGreenIP News

U.S. + Germany Patent Update – July 2018

The U.S. and Germany are two of the most key fora in the world for patent litigation. The U.S. has long been one of the largest markets for patent litigation, and Germany has constantly attracted more than 50% of all European patent litigation. Hogan Lovells offers its multi-lingual update, dated July 2018, on notable recent patent developments across these two countries. This update can be accessed by clicking on one of the following languages: English; Japanese; and Korean.

For the July update, the spotlight article is on a recent German validity decision by the Higher Regional Court of Düsseldorf relating to cigarette paper with reduced flammability, which touches on German claim construction and the significance of the German bifurcated system for infringement and validity proceedings.

The July update also covers nine additional developments across the two countries. These developments include the following:

United States:

  • Federal Circuit Okays Liberal Pleading – Disc Disease Solutions v. VGH Solutions
  • PTO Announces Proposed Rule Change on Claim Construction
  • Federal Circuit Denies Rehearing on Extent of Factual Analysis for § 101 Challenges – Berkheimer v. HP Inc.
  • Profits Lost Outside U.S. Are Recoverable, Says Supreme Court – Westerngeco LLC v. Ion Geophysical Corp.
  • Supreme Court to Hear Case on “Secret Sale” Defense – Helsinn Healthcare S.A. v. Teva Pharma. USA, Inc.


  • Federal Supreme Court Clarifies When Replacing Parts in Patented Devices Amounts to Infringement – “Trommeleinheit,” Federal Supreme Court of Germany, X ZR 55/16
  • Federal Supreme Court Clarifies Purpose of Definition of Person Skilled in the Art – “Wärmeenergieverwaltung,” Federal Supreme Court of Germany, X ZR 14/16
  • Hearing Date for UPCA Complaint Before German Constitutional Court Remains Unscheduled
  • Amount of Security for Enforcement of Call-Back/Removal and Destruction Should Be Set at Least as High as for Injunction – Higher Regional Court Karlsruhe, 6 U 169/16

For more information, please click on a link with the detailed newsletter (English; Japanese; and Korean) or contact partners Joe Raffetto and Steffen Steininger.