Some news from GRUR2019 in Frankfurt


EPOs vicepresident gave a presentation on EPOs improvement strategy. Some pictures below, all in German.

However, there’s a similar English version on epos website at
You’ll find an English 128 page detailed powerpoint on the Stragtegy.

Lots of thought went into the strategy with other words. Let’s see if this works out – Fingers crossed.


The most important news was that (most of the future but already some existing) opposition divisions will no longer include an examiner from the initial examination phase.


Gives a more “independent” review in oppositions, almost a three instance system with appeal.
This was very welcomed by the audience. Let’s also see if this works in practice.








Some interesting talks about injunctions, see enclosed presentations and these notes:

Preliminary injunctions in France:

Total change, new generation of judges makes preliminary injunctions much easier (or at all) to obtain, still based on the facts and prospects of success if the case on the merits


US (presentation) – Interesting to note: The ebay decision is 13 years old but still highly applicable. This is the one why NPEs do not get injunctions in the US…

Germany: Injunctions are still bread and butter but a change may come with a less patentee friendly law proposal on the table (Popp).


Ex parte preliminary injuctions nowadays difficult in The NL


Easier in Spain. However, protective letters available so it drags inter partes.

Damages proceedings now after proceedings on the merits, change of law

However, security deposit set by judge has to be done within a few days before issuing the PI


UPC will reshape the whole situation once and if it comes into place…

Spain not in upc…

National procedures will likely differ as you will have EP, Community patent, and national proceedings

Not mentioning Brexit…

Note Prof. Meier-Beck from the BGH who presided the Occlutech cases.


Another discussion is about a proposal of an amendment of German law the “spare pare” clause in order to harmonize with EU law.

As of now, a spare part is under design protection in Germany. See presentation from judge Vorbusch.

This may change, but it is not favoured by industry, see presentation of Dr. Dilly from BMW.

All politics, see presentation from Dr. Figge.



Then, there was also some rowing activities on the river Main (windy and rainy but quite fun I have to admit) No pictures except this as I left the phone in the locker…


The apple wine consumption during GRUR is also not documented, but it is true that Frankfurt is famous for apple wine ….


At the pen September 2019