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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Wednesday, February 01, 2006German Patents Court Rules in RIM Case.All media seem to be full of reports concerning Blackberry patent troubles. Recently BlackBerry Cool reported that Research In Motion had provided an update following a ruling in the Research In Motion UK Limited versus InPro Licensing S.a.r.l. litigation in the Federal Patents Court in Munich, Germany, saying that the Court has ruled in favor of RIM by deciding that all patent claims in InPro's German-designated European Patent EP 0892947 B1 are invalid. InPro retains the right to appeal the decision to the German Federal Supreme Court.According to the patents register of the German Patent and Trade Mark Office, the German part DE 697 19 963 T1 of the said European Patent EP 0892947 B1 had been transferred from the applicant, Lextron Systems, Inc., to InPro Licensing S.a.r.l., Luxembourg, in 2003. Please note that the German Federal Patents Court in Munich never decides on patent infringement cases. They are competent for grant appeal, opposition, and nullification cases only. Of course, if a patent on which an infringement lawsuit pending elsewhere is based is revoked by the Federal Patents Court, then the infringement case is expected to collapse unless the Supreme Court in Karlsruhe overturns the Federal Patents Court's decision in favour of the patentee. The revocation of the German part of the said European Patent does not directly affect the validity thereof in the other countries designated in the patent. German court files are not generally open to public inspection. Hence, in the first place, it depends on the parties of the lawsuit as to whether or not they will publish the full text of the decision as to be delivered later this year by the Court. Otherwise, the judges of the Court are free to publish the decision on their own initiative in a slightly anonymised version, most probably off-line in the Official collection of case law edited and published by the Court or elsewhere off-line in one of the dedicated German magazines for Intellectual Property law. However, it is not clear whether they actually intend to do so. Anyway, it might take quite a long time until details appear on the Internet. Let's wait and see.
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