The provision of a crystal form of a polymorphic substance, which the skilled person inevitably obtains if he uses a process suggested by the state of the art for the production of the substance, represents the result of activities to be expected by a skilled person and does not therefore by itself involve an inventive step (Confirmation of Federal Court of Justice judgment of 24 July 2012 – XZR 126/09, GRUR 2012, 1130 – Leflunomid).
Case date:07 October 2018
Case number: X ZR 110/16
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.