“Pemetrexed”

• a) A patent infringement by equivalent means is as a rule to be denied if the description of the patent discloses more than one possibility of how to achieve a certain technical effect but only one of these possibilities has been included in the patent claim (confirming Federal Supreme Court, decision of 10 May 2011 – X ZR 16/09, BGHZ 189, 330 = GRUR 2011, 701 para. 35 – Okklusionsvorrichtung [42 IIC 851 (2011) – Occlusion Device, para. 35]; [further citation omitted]).

• b) For this principle to apply, it is not sufficient for an embodiment claimed by the patent to be represented, due to information in the description or other reasons, as a special application of a more general approach and for the person skilled in the art, due to this insight, to be capable of discovering other relevant embodiments of this approach.