Decision Keyword:
testosterone ester
Law applied:
EPC Art. 56
PatG § 4
Summary (Machine translation):
The requirements for a reasonable expectation of success cannot be formulated in a generally valid way. They are to be determined in each individual case, taking into account the field in question, the size of the incentive for the skilled person, the effort required to pursue a particular approach and the possible alternatives, as well as their respective advantages and disadvantages (confirmation of the Federal Supreme Court (BGH), judgment of April 16, 2019 - X ZR 59/17, GRUR 2019, 1032 para. 31 - Fulvestrant; judgment of July 7, 2020 - X ZR 150/18, GRUR 2020, 1178 para. 108 - Pemetrexed II; judgment of January 26, 2021 - X ZR 24/19, GRUR 2021, 696 para. 51 - Phytase).
Federal Supreme Court (BGH), judgment of 8.10.2024 – X ZR 77/23 –
Download Judgment (machine translation)
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