Mautberechnung (Toll Calculation), invalidity proceedings, Federal Supreme Court, Germany, 19 April 2011, Docket No. X ZR 124/10
According to Section 81 (2) German Patent Act, a nullity action is inadmissible as long as parallel opposition proceedings are pending (“Principle of Subsidiarity”). This also applies if the nullity action is based only on a national prior right pursuant to Art. 139 (2) EPC – which cannot be considered in parallel European opposition proceedings.
Read a summary in English provided by Bardehle Pagenberg here.
Read the decision (in German) here.