Planning device (Federal Supreme Court (BGH))

Decision Keyword:

Planning device

Law applied:

Patent Act (PatG) Section 117

Code of Civil Procedure (ZPO) Sections 531, 530, 296

Summary (Machine translation):

An auxiliary request filed in the first instance, on which the Patent Court did not decide because it considered the patent in suit to be legally valid in a different version, cannot be rejected as late in the appeal instance under Sec. 117 Patent Act in conjunction with Sec. 531 Code of Civil Procedure (ZPO) or Secs. 530, 296 Code of Civil Procedure (ZPO).

Federal Supreme Court (BGH), judgment of 24.9.2024 – X ZR 92/22 –

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