"Problems and Current Solutions of The German Dual Track System in View of a Series of Recent Federal Supreme Court Decision ('Crimping Tool I-IV')" in Patents & Licensing, February 2011
Publication | 04.03.2011
Vol. 41, No. 1, 35-38
Author(s): Dr. Th. B. Koch, Dipl.-Ing. B. Hansis
In the February issue of "Patents and Licensing", Dr. Thomas B. Koch and Dipl.-Ing. Benjamin Hansis of HOFFMANN EITLE's electrical engineering department report on and analyze a series of four recent decisions of the Federal Supreme Court ("Bundesgerichtshof", BGH) dealing inter alia with problems of diverting claim interpretations in the German "two-track" system with separate infringement and nullity proceedings. This decision series arrives at the conclusion that a final decision on infringement using a specific claim interpretation in an infringement action may be overturned, and infringement proceedings may be reopened, if the patent was maintained in separate nullity proceedings (only) owing to a diverting claim interpretation.
Patents & Licensing is a bimonthly publication of IP·L Communications Inc., published in the English language in Japan. HOFFMANN EITLE has been the European correspondent of Patents & Licensing for many years. Further information on Patents & Licensing can be obtained on the publishers website at www.iplcom.jp