Fluid administration device II (Federal Supreme Court)

Federal Supreme Court (BGH), judgment of June 17, 2025 - X ZR 78/23 –

Decision keyword:

Fluid administration device II

Law applied:

EPÜ Art. 56
PatG § 4

Summary:

  1. The modification of a movement process by means of kinematic reversal can be considered obvious both in connection with the assessment of patentability and in connection with infringement by equivalent means (on patentability: Federal Supreme Court (BGH), decision of January 17, 1995 - X ZB 15/93, BGHZ 128, 270 = GRUR 1995, 330, juris para. 43 - Elektrische Steckverbindung; on equivalence: Federal Supreme Court (BGH), judgment of June 30, 1964 - Ia ZR 10/63, GRUR 1964, 669, 671 - Abtastnadel; judgment of December 3, 1974 - X ZR 63/71, GRUR 1975, 593, 596 – Mischmaschine III).
  2. However, this does not relieve a party that invokes this aspect as advantageous to it from presenting specific circumstances which show that such a modification was also obvious in the specific case to be assessed.

Federal Supreme Court (BGH), judgment of June 17, 2025 -  X ZR 78/23

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