Germany: Quetiapin, Federal Court of Justice of Germany, X ZR 41/13, 13 January 2015

When defining the technical problem underlying an invention, it may not simply be assumed that the person skilled in the art needed to address a particular problem. On the contrary, the technical problem must be formulated so generally and neutrally that the question as to which incentives a person skilled in the art obtained from the state of art, arises only when examining inventive step.

A full summary of this case has been published on Kluwer IP Law.