New Perspectives On Evidence In Patent Infringement Suits
Mondaq Business Briefing › Germany Law Articles in English (2003)
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New Perspectives On Evidence In Patent Infringement Suits
Until recently, discovery was virtually unheard of in German litigation, but recent developments have opened possibilities.
by Reinhardt Schuster and Ikze Cho Before the recent reform of the German Procedural Code (Zivilprozessordnung - ZPO) taking effect as of January 2002, it was nearly impossible to get from a German civil court an order for the inspection of documents of the opposing party. This was the case even if a certain probability was given that such documents would help with the factual clarification of the case. Following a German legal tradition as to the submission of evidence, each party presents all facts that are necessary to support its case. It ...See the full content of this document
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