In two decisions published yesterday on its website, the German Federal Court of Justice (Bundesgerichtshof, BGH) overturned two decisions by the Federal Patent Court (Bundespatentgericht) invalidating the patents in suit for lack of novelty. Both decisions are remarkable not because they break new ground in (patent) law (they don't), but rather because the BGH corrects the fact finding of the lower court and finds in favour of the patentees. They fuel the impression that the Federal Court of Justice is more patent-friendly than the Bundespatentgericht, or, to put it another way, that the Federal Patent Court has become overly strict.
|Fig. 1 of EP 1 389 985|