DE – Maschinensatz (Machine assembly), infringement proceedings, German Federal Supreme Court, 6 May 2010, Docket No. Xa ZR 70/08
German Federal Surpreme Court on staying infringement proceedings in cases in which the patentee asserts only a limited claim version as compared with the granted claim version: If a patent is asserted in infringement proceedings with a limited claim version – which is defended in parallel invalidity proceedings –, the limited claim version must be considered in the infringement proceedings even before a final decision in the invalidity proceedings is rendered.
Read the decision (in German) here.
Head note: Tilman Müller-Stoy