Maximilian Schmitz

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COVID-19: Major risk flowing from non-exclusive IP licenses under German insolvency law

The COVID-19 pandemic poses a major challenge for large parts of the economy, causing many companies to fail and a domino effect on other companies with which they had business relationships. Where a party to an IP license becomes insolvent and regular insolvency proceedings are commenced, an insolvency administrator will take over the management of … Continue reading

German Federal Constitutional Court rules on constitutional procedural rights of interim injunction defendants

The German Federal Constitutional Court has handed down several landmark decisions which strengthen defendant rights in interim injunction proceedings (Federal Constitutional Court decision of  27 June 2020, case no. 1 BvR 1379/20; decision of 3 June 2020, case no. 1 BvR 1246/20; decisions of 30 September 2018, case no.  1 BvR 1783/17 and 1 BvR … Continue reading

German patent interim injunctions require the patent to have survived validity proceedings

In its decision dated 12 December 2019, the Higher Regional Court Munich ruled that in principle, an interim injunction for patent infringement should not be ordered unless it can be satisfied that the validity of the patent-in-suit is ensured, for example where the patent is shown to have “survived” contested proceedings on validity (Higher Regional … Continue reading