Crimpwerkzeug III - Federal Supreme Court, Germany, 29. June 2010, Case No. X ZR 193/03
The Federal Supreme Court had to decide on the admissibility to file an appeal with the Federal Supreme Court in patent infringement proceedings.
The court held that the mere argument, the lower court which has issued the attacked ruling would have interpreted the scope of the patent claims erroneously is no sufficient reason to be admitted to file an appeal with the Federal Supreme Court. In the decided case, the Federal Supreme Court – however – determined the appeal to be admissible if the interpretation of the patent claims of the lower court which has issued the attacked ruling is different to the interpretation found by the Federal Supreme Court in parallel nullity proceedings.
Read the decision (in German) here.
Head note: Tilman Müller-Stoy