Dreinahtschlauchfolienbeutel (Sachet for liquid drugs), invalidity proceedings (inventive step and secondary indicia), Federal Supreme Court, Germany, 30 July 2009, Docket No. Xa. ZR 22/06
As a matter of principle, the technical problem set out by the patent must be determined without considering the solution proposed by the patent. Furthermore, for assessing inventive step, the courts cannot solely rely on secondary indicia. Such secondary indicia are not suited to replace or exclusively justify the actual assessment that an invention involves an inventive step.
Read the judgment (in German) here.
Read a summary in English (provided by Bardehle Pagenberg) here.
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