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Assessment of facts in nullity proceedings "Electromigration“ (BGH)

Federal Supreme Court (BGH), Judgment of January 10, 2023 – X ZR 6/21

Law applied:

EPC Art. 52 para. 1, Art. 54 para. 1, Art. 56, Art. 138 para. 1 lit. a

Summary:

Pursuant to Sec. 117 para. 1 Patent Act and Sec. 529 para. 1 no. 1 Code of Civil Procedure, the facts assessed at first instance are to be taken as a basis in the appeal instance of nullity proceedings, unless specific indications give rise to doubts as to the correctness or completeness of the findings relevant to the decision and therefore require a renewed assessment. (para. 81)

BGH, Judgment of January 10, 2023 - X ZR 6/21 -

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