One of the big difficulties in the everyday evaluation of inventive step revolves around the role that the problem underlying the invention should play in such evaluation. Two examples of more recent…
by Stephan von Petersdorff-Campen
The amount at issue in a legal claim serves as the basis for establishing the court fees and lawyers’ fees to be reimbursed to the successful party. The consequences…
The FCJ decided in the recently published decision “Wundverband” [Wound Dressing] “Moelnlycke Health Care v. BSN Medical” (docket X ZR 70/12) on 19 February 2013 that if patentee has granted an…
The German Federal Court of Justice (Bundesgerichtshof, BGH) addressed some interesting questions on patents protecting methods relating to data in the decision "MPEG-2-Videosignalcodierung" ("MPEG-2…
In its “Leflunomid” decision of 24 July 2012 (Case X ZR 126/09), the FCJ declared a patent claim to be invalid which covered a combination of leflunomide and teriflunomide, on the grounds that it had…
A composition obtainable on the market is at least not then novel if the composition can be analyzed and reproduced by a skilled person without undue burden. For this purpose, it is sufficient for a…
by Henrik Timmann
There is a saying in Germany: Two lawyers add up to three different opinions. Well, for a long time the Federal Patent Court seemed to have been inspired by this saying when…
The Supreme Court held that claiming priority of an earlier application requires a direct and unambiguous disclosure in the priority document of all features of the technical teaching as defined in…
The Federal Court of Justice held that the meaning of a patent claim as a whole and the contribution of the single features to the result of the invention must be assessed in nullity proceedings. It…
The Court held that the marketing of coffee capsules suitable for a Nespresso machine does not infringe the patent on an extraction system for the coffee capsules. Instead, the user of the machine is…
