In this case the FCJ expanded on earlier case law regarding claim construction and in particular on the issue of whether a certain embodiment would fall within the scope of protection by way of…
The Federal Court of Justice held that claim construction has absolute priority before issues of invalidity, such as the inadmissible extension or issues of patentability of the subject matter, can…
The Court held that a certain means does not relate to an essential element of the invention just because it is used for a step in the method preceding the patented steps of the method. Even where…
In this case the FCJ discussed the criterion of “equivalence” for a non-literal infringement of a patent. The Court held that one has to assess all technical effects which have to be achieved with…
The CJEU decided on a referral by the District Court Düsseldorf with regard to the interpretation of Art. 102 TFEU in the context of patent infringement actions regarding standard essential patents …
Dealing with claim construction issues, the FCJ held that a claim construction which leads to the result that none of the embodiments described in the patent specification would be covered by the…
In this judgment the Court of Appeals Düsseldorf held that the manifest preparation of a product for a specific use which is covered by a use claim can be seen in information on the packaging and in…
At a tradeshow in Düsseldorf the Defendant co-organized a so called "Turkish Pavilion" featuring several companies of the Turkish region "Samsun". The Court held that this role of the Defendant was…
The FCJ held that the Defendant in a nullity action is only required to prepare an auxiliary request following the preliminary opinion of the Federal Patent Court which takes those aspects into…
