Higher Regional Court Frankfurt Awards Full Patent Ownership to our client Silimed

News | 03.12.2024

HOFFMANN EITLE is pleased to announce a significant legal victory on behalf of our client, SILIMED Indústria de Implantes Ltda., in a landmark patent ownership case. After extensive proceedings that began in 2017, the Higher Regional Court Frankfurt has ruled in favor of our client, granting them full ownership of a patent for a manufacturing process for polyurethan-coated implants.

The Court found that Silimed’s employees had made the invention disclosed in a patent filed by the defendant without authorization in its own name after learning about the invention from Silimed. The Court accepted that the rights to the invention were transferred to the inventors’ employer under the applicable provisions in Brazil.

The decision is not final, yet. While the Court has not allowed a further appeal the defendant can request leave to appeal on points of law with the Federal Court of Justice.

This outcome is notable in several respects. Unlike most patent disputes in Germany, this case involved witness testimony and cross-examination—a rare occasion in German patent proceedings. Furthermore, the court not only confirmed Silimed’s claim to ownership but awarded them full ownership of the patent, whereas these cases more often result in an award of co-ownership if they are even successful at all.

A pivotal moment in the case came when the Federal Court of Justice reversed a previous ruling due to legal errors and remanded the case to the Court, which then ordered the production of a key document containing decisive evidence. Due to the absence of broad discovery rules, such orders are rare in German civil proceedings.

We would like to thank Silimed for their trust and cooperation in this complex and precedent-setting matter.

The HE team representing Silimed included:

·         Dr. Niels Hölder (Partner, Attorney-at-Law, UPC Representative and Certified Specialist IP Lawyer)

·         Mike Gruber (Partner, Attorney-at-Law, UPC Representative)

·         Anne Katrin Schön (Partner, German and European Patent Attorney, UPC Representative)

·         Melanie Schain (Attorney-at-Law, UPC Representative)

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