Header graphic for print
LimeGreenIP News

U.S. + Germany Patent Update – September 2018

The U.S. and Germany are two of the most important 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 September 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 September update, the spotlight article is on a recent German patent decision by the Higher Regional Court of Düsseldorf in “Razor Blades II.”  The court in this decision affirmed that an injunction does not include an obligation to recall infringing product.

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

United States:

  • Tribal Sovereign Immunity Cannot Shield Patents from IPR Challenges – St. Regis Mohawk Tribe v. Mylan Pharma., Inc.
  • PTO Updates: PTAB Trial Practice Guide
  • Dismissed Lawsuits Still Trigger One-Year PTAB Time Bar – Click-to-Call Techs. v. Ingenio, Inc.
  • PTAB Instructed to View “Printed Publications” More Liberally – Various Cases, Federal Circuit
  • Federal Circuit Cracks Down on Identifying Real Parties in Interest – Applications in Internet Time, LLC v. RPX Corp.


  • Still No Hearing Date for German UPCA complaint, While UK Announces Intention to Stay in UPC System After Leaving EU
  • “Catching Up” With FRAND-Obligations During Infringement Proceedings Only Possible if SEP Owner Requests Stay of Proceedings – “Wireless Station,” Regional Court Mannheim 7 O 28/16
  • Higher Regional Court of Dusseldorf Rules on the Scope of a Private Right of Prior Use – “Protective Covering for Radio Systems,” Higher Regional Court Dusseldorf, I-15 U 49/16
  • German Federal Patent Court on Reimbursement of Costs for Legal Representatives in Utility Model Cancellation Proceedings – “Double Representation and Travel Expenses in Utility Model Cancellation Proceedings,” Federal Patent Court of Germany, 35 W (pat) 3/15

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

Our full series of all our U.S. + German Patent Updates (including past updates) can be accessed here.