HOFFMANN EITLE

Spring is here – and so is the latest Hoffmann Eitle Quarterly! As the season of renewal begins, we’re excited to share the latest edition of the HEQ! This issue explores significant developments in European intellectual property law, including: ▪️Making the Fictional Skilled Person Real: The First Oral Examination of Expert Witnesses at the UPC ▪️Shall It Be Kept Secret? – Strategic IP Considerations ▪️The New Face of EU Designs ▪️Hoffmann Eitle’s Significant Contributions to the Development of European Case Law in 2024 ▪️On Thin Ice: Adding an Embodiment and Saving the Priority ▪️Intervention During EPO Appeal Proceedings: G 3/04 Called Into Question ▪️BSH v Electrolux – The Gateway to a New Age of Cross-Border Litigation? Special thanks to our expert contributors: Mark Jones, María Quirós Marín, PhD, Irene M., Nicolas Douxchamps, Michael Pfeifer, Arianna Bartolini, Adam Lacy, Kei Enomoto, Robin De Meyere, DPhil and Dr. Maximilian Zangs. Read the full Quarterly here: https://lnkd.in/dAt3zVH7 Stay informed about current developments in intellectual property law and any notices from the patent offices by subscribing to our newsletter: https://lnkd.in/d8AFyxVh

At the world’s leading consumer goods trade fair, Ambiente 2025, HOFFMANN EITLE successfully assisted Pilot Corporation in enforcing its intellectual property rights. Counterfeit versions of Pilot’s innovative FRIXION® pens were identified, leading to swift legal action. With the support of German customs, several infringing products were seized, and exhibitors faced significant fines. This enforcement underscores the power of trade fairs as a cost-effective way to protect IP rights and combat counterfeit goods. A big thank you to Pilot Corporation for their trust and to our Partner Dr. Stephan Klaus for his instrumental role in this enforcement action. Learn more about it here: https://lnkd.in/duFS2Tzu

We’re excited to announce the Euro Law Conference 2025, taking place June 4-5, at the HOFFMANN EITLE Conference Centre in Munich. This unmissable two-day event offers cutting-edge insights and expert-led sessions from leaders in IP law. In addition to the informative and educational aspect of the seminar, there will also be ample time for networking. Ahead of the conference, we’re also offering a Training Course on European Patent Law from June 2-3.   Register by March 31, 2025, to take advantage of the early bird discount rates! For full details and registration, visit our website: https://lnkd.in/dD9x82Zk We look forward to welcoming you to Munich this summer!

On this International Women’s Day, we celebrated and appreciated the amazing women of HOFFMANN EITLE and their achievements. Our commitment to fostering a supportive and empowering environment remains stronger than ever. Let’s not only honor women on this day, but also commit to building a fairer, more inclusive world every day — because equality benefits us all! #IWD2025 #AccelerateAction

AUTM’s Annual Meeting is where technology transfer professionals from around the globe meet to connect, make deals and gain insights from world-class speakers and panels. Following the strong interest and positive feedback from our UPC panel discussion at AUTM 2024, HOFFMANN EITLE partners Leonard Werner-Jones and Anne Schön are back to participate in a further panel discussion. After more than a year of activity at the Unified Patent Court (UPC), they will join experts from four different corners of the profession to share key insights and lessons learned in “European Patents and The Unified Patent Court: Insights and Lessons from the First Year." They are looking forward seeing some familiar faces! Learn more about the annual meeting here: https://lnkd.in/gFF-pQEV #AUTM50

Managing IP has revealed the shortlists for this year’s #EMEA Awards, recognising remarkable intellectual property achievements and developments from the past year.   We are happy to announce that HOFFMANN EITLE has been nominated in multiple German and European categories. In addition to being shortlisted as a firm, we are honored to see Sebastian Giese shortlisted as Rising Star of the Year and Peter Klusmann as Practitioner of the Year. These nominations highlight our ongoing commitment to excellence in intellectual property law and our dedication to providing top-tier trademark and patent services across Europe and in Germany.   Congratulations to all the shortlisted firms, companies, and individuals, and a sincere thank you to our clients, colleagues, and peers for their continued trust and collaboration!   For the full list of nominations: https://lnkd.in/dnEB_Qb6

Our ‘significant case law contributions 2024’ series continues with this interesting case: In T1324/21, the EPO Boards of Appeal clarified that confidential analyses can be used to confirm the composition of a publicly available product when assessing prior use. The Board reversed the decision of the opposition division to exclude such evidence, leading to the revocation of the patent. The case involved Thorsten Bausch and Arianna Bartolini co-representing one of the opponents. Read more about it here: https://lnkd.in/d_bfT9qU

We are happy to announce that HOFFMANN EITLE has been ranked by Chambers and Partners in the Global Guide 2025 as a Leading Firm! This prestigious recognition highlights our firm’s international expertise in patent prosecution, patent litigation, and the expertise of our patent attorneys. Notable practitioners who have been named in these departments are Thorsten Bausch, Dorothea von Renesse, Gregor König and Peter Klusmann. A heartfelt thank you to our clients and colleagues for their trust and cooperation, which made this possible.   Find out more about the rankings and notable practitioners named: https://lnkd.in/dteZ_Tim

This week in the ‘significant case law contributions 2024’ series: The EPO Boards of Appeal are well known to take a strict approach to admissibility of new requests filed late in the appeal proceedings, but generally permit deletion of invalid dependent claims. Elisabeth Engelhard’s opposition appeal case T 2229/19 has gained recognition for demonstrating for the first time that in some circumstances, the Board will not admit such requests. Read more about it here: https://lnkd.in/dHUp2-5g

Happy Thursday with another significant case law contribution: At the EPO, the presence of a synergistic technical effect is normally indicative of an inventive step. But following the advocacy of HOFFMANN EITLE's James Ogle and Joachim Renken, the EPO Board of Appeal in T1639/21 clarified that synergy alone does not imply inventive step. Read more about it on our website: https://lnkd.in/dHUHshXe