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.