The Federal Court of Justice held that:
- The sequence of steps in a method claim is normally determined by the claim’s wording.
- A completely new attack based on a document only filed upon appeal is too late and not to be admitted on appeal.
Case date: 09 May 2017
Case number: X ZR 97/15
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.