Full Specs Techno, Samsung Odin, Latest Version Full Setup, How to reset password and username, Oppo R7 Plus Price and Features, IMEI Tool, samsung Galaxy Charging

BGH rules for patentees on appeal - again

BGH rules for patentees on appeal - again - we are grateful this blog Full Specs Techno has been a few years can always provide useful information for you, because our goal is to advance your life with the latest technology knowledge that will make your life easier, now we will discuss first about BGH rules for patentees on appeal - again this information we build from various reliable sources that we collect specifically for you visitors of this blog, 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.



so much information about BGH rules for patentees on appeal - again

hopefully the information we provide dengn title BGH rules for patentees on appeal - again can provide benefits for you in determining the gadget that suits your needs.

you just read the article BGH rules for patentees on appeal - again if you want to bookmark or share please use link https://fullcomicfrenzy.blogspot.com/2016/10/bgh-rules-for-patentees-on-appeal-again.html there is still a lot of information on this blog if you want to read it please visit other page, umpteen and thank you.

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

Related : BGH rules for patentees on appeal - again

6 komentar:

  1. As a chronic Quora User , I completely approve of this proposition.

    ReplyDelete
  2. Satta King Bazar is Hot Now

    Satta King make all bazar completely hot. Play online o win big amount. ATTA KING SATTA RESULT SATTA-KING, SATTAKING,GALI RESULT, DESAWAR RESULT,SATTA RESULT,????? ????. Satta king Desawar Result.

    ReplyDelete
  3. India Based Satta King Company, offering DARBAR MATKA NUMBER SATTA KING DARBAR SATTA GAME DESAWAR GALI DELHI6 SATTAKING RESULT.
    गली दिसावर सट्टा कंपनी मुंबई से लीक सिंगल जोड़ी डेली गैम पास फुल गारंटी के साथ जिसको अपना लॉस कवर करना है

    ReplyDelete