Germany: Coenzyme Q10, Federal Court of Justice of Germany, X ZR 31/13, 25 February 2015
Kluwer Patent Blog
March 23, 2016
Please refer to this post as:, ‘Germany: Coenzyme Q10, Federal Court of Justice of Germany, X ZR 31/13, 25 February 2015’, Kluwer Patent Blog, March 23 2016, http://patentblog.kluweriplaw.com/2016/03/23/germany-coenzyme-q10-federal-court-of-justice-of-germany-x-zr-3113-25-february-2015/
Although patentability is generally regarded as a question of law per se, the actual technical disclosure of a prior art example was seen as a question of fact and therefore a matter for the first-instance court. The Federal Court of Justice saw itself bound to facts determined by the first-instance court, unless there are specific indications that justify doubts to their accuracy.