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“Coenzyme Q10” (Coenzym Q10)

Decision of the Federal Supreme Court (Bundesgerichtshof) 24 February 2015 – Case No. X ZR 31/13

Findings by the patent court that support the conclusion that the reproduction of an example embodiment described in a prior art document leads to the realisation of a feature of the subject matter of the patent at issue are binding in the appeal proceedings unless there are concrete indications that justify doubts as to their accuracy.

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Binding effect of first instance statements.

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Patent Act, Sec. 117; Code of Civil Procedure, Sec. 529(1) No. 1. “Coenzyme Q10” (Coenzym Q10). IIC 47, 99 (2016). https://doi.org/10.1007/s40319-015-0436-7

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Keywords

  • Prior art
  • Subject matter of the patent
  • Appeal proceedings
  • Binding effect
  • Example embodiment