The Federal Court of Justice held that if, according to the protected process, a half-finished product is to be processed in a certain way (here: one side of leather to be treated in a certain way),…
The provision of a crystal form of a polymorphic substance, which the skilled person inevitably obtains if he uses a process suggested by the state of the art for the production of the substance,…
This decision by the FCJ confirms that the cited prior art should, generally, provide concrete suggestions, hints or at least provide other reasons beyond the recognizability of the technical problem…
In light of the Teva/Gilead-judgment handed down on 25 July 2018 by the CJEU (C-121/17) as well as the latest referral from the German Federal Patent Court dated 17 October 2017 in re Sitagliptin III…
The FCJ confirmed that a new means of challenge based on the technical content of a document filed for the first time in the course of appeal proceedings is only to be admitted under the provisions…
The FCJ confirmed that inventive step is to be acknowledged if the feature(s) distinguishing the claimed invention from the starting point for the assessment of inventive step are not directly and…
Over the past few years the pan-European and parallel national patent litigation based on Eli Lilly’s pemetrexed patent has attracted considerable attention, as it has resulted in a number of diverse…
This decision by the FCJ confirms that when both parties declare the lawsuit resolved, only the allocation of costs has to be decided upon by the court. This must be done according to the court's…
Practitioners dealing with supplementary protection certificates (SPCs) have been holding their breath at the unfolding of the “Truvada saga” around Gilead’s SPCs for the HIV medicament Truvada,…
The Federal Court of Justice confirmed that the value of the matter in dispute can be amended on appeal, including retroactively for the first instance, if new facts are divulged that command such an…
