The Federal Court of Justice confirmed that a nullity defendant can defend its patent to a limited extent only insofar as it is attacked by the nullity plaintiff. The limited defence of the patent in dispute by combining an attacked claim with an uncontested subclaim or with one of several variants of an uncontested subclaim is inadmissible.
Case date: 01 March 2017
Case number: X ZR 10/15
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.