The Federal Court of Justice recently addressed the scope of the so-called principle of concentration pursuant to sec. 145 Patent Act. If the patentee has filed an action, a second action based on a different patent against the same defendant is inadmissible in relation to the same or similar embodiments. The FCJ has now clarified that this does not apply to a second action based on the same patent.

Case date: 03 November 2020
Case number: X ZR 85/19 (ECLI:DE:BGH:2020:031120UXZR85.19.0)
Court: Federal Court of Justice of Germany

A full summary of this case has been published on Kluwer IP Law.


To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.

Kluwer IP Law
This page as PDF