This decision dealt with the practically important question of whether the claim can still be waived in the proceedings on the complaint against denial of leave to appeal, i.e. after the conclusion of the appeal proceedings. This becomes particularly relevant if the patent in suit is held invalid and the opposing party does not agree…

The Federal Court of Justice rejected a joint request by the parties to stay proceedings because of ongoing settlement negotiations. It held that the parties’ request had been made too late and was therefore no longer considered appropriate. The parties should have taken the scheduling of the hearing, but at the latest the approaching of…