we present information about computer news and price information and specs samsung, huawei, Tecno Price products, Specifications & Features and more information about software

Rabu, 12 Oktober 2016

BGH rules for patentees on appeal - again

BGH rules for patentees on appeal - again - do you know that every day there are new gadgets that are created with new advantages to simplify your life, on the blog Computers News we will discuss about the latest gadgets and gadgets that have long ranging from speck and price, now we will discuss about BGH rules for patentees on appeal - again we have collected a lot of news to make this article to be really useful for you, please see.

Articles : BGH rules for patentees on appeal - again
full Link : BGH rules for patentees on appeal - again
Article Bundesgerichtshof, Article Bundespatentgericht, Article European patent law, Article German civil procedure, Article German Federal Court of Justice,

You can also see our article on:


BGH rules for patentees on appeal - again

In two decisions published yesterday on its website, the German Federal Court of Justice (Bundesgerichtshof, BGH) overturned two decisions by the Federal Patent Court (Bundespatentgericht) invalidating the patents in suit for lack of novelty. Both decisions are remarkable not because they break new ground in (patent) law (they don't), but rather because the BGH corrects the fact finding of the lower court and finds in favour of the patentees. They fuel the impression that the Federal Court of Justice is more patent-friendly than the Bundespatentgericht, or, to put it another way, that the Federal Patent Court has become overly strict.


In the first decision, designated a leading case (Leitsatzentscheidung) by the Court, the BGH finds that a key witness lacked credibility and concludes that the public prior use which led the Federal Patent Court to invalidate the patent for lack of novelty was not established. The patent at issue was Nichia's EP 936 682, an important patent concerning white light emitting diodes that has also been the subject of opposition proceedings before the EPO. The decision is remarkable because the Federal Court of Justice is bound by the fact finding of the lower court unless there are specific doubts regarding the correctness and completeness of the fact finding (§ 529(1) Civil Procedure Act). The Court held that there were specific doubts as to the credibility of a key witness for the public prior use, whose testimony was inconsistent with that of other witnesses and established facts. The twist was that the witness had died in the meantime and could not be questioned again. This, so the BGH, did not preclude it from finding the testimony unpersuasive. After it had concluded that public prior use was not proven, the Court assessed inventive step based on the record before it and found the subject matter(s) of the claims to be inventive.


Fig. 1 of EP 1 389 985
In the second decision, the Federal Patent Court had found that claim 1 of EP 1 389 985 concerning a lower leg orthosis lacked novelty over the German utility model DE 299 08 981. It upheld an auxiliary claim. The patentee appealed. The Federal Court of Justice held that the lower court had misconstrued the disclosure of the allegedly novelty destroying document and that the document failed to disclose all the features of the invention. It then went on to assess novelty over two additional documents, also finding the invention not anticipated, and assessed inventive step in a single paragraph, concluding the plaintiff had failed to show lack of inventive step. Again the patentee prevailed on appeal.



article titled BGH rules for patentees on appeal - again has been completed in the discussion

hopefully information about BGH rules for patentees on appeal - again can provide benefits for you in determining the gadget to suit your needs so much easier in living everyday life.

you just read the article entitled BGH rules for patentees on appeal - again if you feel this information is useful for you and want to bookmark it or want to share it please use link https://nandncomputers.blogspot.com/2016/10/bgh-rules-for-patentees-on-appeal-again.html.

Tag : , , , , ,
Share on Facebook
Share on Twitter
Share on Google+

Related : BGH rules for patentees on appeal - again

6 komentar:

  1. I m Really looking forward to read more. Your site is very helpful for us . This is one of the awesome post i got the best information through your site and Visit also this site
    satta king
    disawar satta king
    gaziabad satta king
    faridabad satta king
    gali satta king
    satta king chart

    BalasHapus
  2. The connections you make through Chatous can be rich and real - stay in touch with the people you enjoy talking with and bring the chat conversation to life through photo sharing. But before using this app, keep in mind - This is only an entertainment and communication purpose app that's not taking any guarantee in any case. This app is completely your choice.

    BalasHapus