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Comments of our partner Michael Wallinger on the decision "Gas Injection System" of the BGH

In the issue 5/2020 of the MITTEILUNGEN DER DEUTSCHEN PATENTANWÄLTE, you will find the article "Interpretation and inventive step - comment on the decision Gaseinspritzsystem".

In practice, the interpretation of patent claims in nullity and infringement proceedings leads to considerable problems, as it often departs very far from the wording laid down in the claim. In his contribution, Dr. Wallinger cites examples of such decisions and presents the interpretation and the examination of inventive step using the example of the "gas injection system" decision.

In this decision, the German Federal Court of Justice dismissed the nullity action against European patent EP 1 209 336 (BGH, decision of Dec. 19, 2019, X ZR 143/17). The decision is published in the same issue of MITTEILUNGEN.