Decision keyword:
Cup dispenser II
Law applied:
PatG § 30 para. 3 sentence 2
Code of Civil Procedure (ZPO) § 128 para. 2, § 139 para. 1, para. 2, § 520 para. 3, § 531 para. 2
Basic Law Art. 103 para. 1
Summary:
(1) If the plaintiff asserts claims for the time before the (alleged) transfer of the patent to it with its complaint, it must demonstrate and prove its active legitimacy, insofar as this is disputed by the defendant, in accordance with general principles.
(2) If the defendant expressly refers in its submission to a corresponding burden of presentation and proof on the part of the plaintiff, a (supplementary) judicial obligation to provide information pursuant to Section 139 (1) Code of Civil Procedure (ZPO) only exists if the defendant's submission was - obviously for the court - misunderstood. In the case of a party represented by a lawyer, the question of whether such a misunderstanding has occurred depends solely on the person of the attorney of record.
Düsseldorf Higher Regional Court, judgment of 23.11.2023 – 2 U 138/22
Download Judgment (machine translation)
Header: New_Africa_AdobeStock.com