Amended auxiliary requests in appeal proceedings are admissible according to this decision of the German Federal Supreme Court (Bundesgerichtshof) in 2020 if the new request differs from a request already filed in the first instance only in that some of the features that were added to the granted version have been deleted.
After the expiration of a patent an infringement action establishes a legitimate legal interest to take legal action for the infringer in a nullity suit with regard to all sub-claims referred back to the claim asserted in the infringement action and also with regard to independent claims which largely coincide in content with regard to an infringement.
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