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Articles contributed by Bardehle Pagenberg
Supplementary Protection Certificates with regard to second marketing authorization of medical compounds (decision of July 19, 2012 – Case C-130/11 –Neurim Pharmaceuticals vs. Comptroller General of Patents)
(decision of September 28, 2011 – Case I ZR 23/10 – Kinderwagen/Pram)
Reported by Dr. Henning Hartwig
Mistakes in the German translation of a patent application filed in a foreign language can be corrected anytime and do not lead to loss of the patent.
In a decision which has just become final, the Dusseldorf Appeal Court granted protection against distributing a replica of a rear light for trucks (Case No I-20 U 68/10).
Decision of September 13, 2011 - Case X ZR 69/10 - Diglycidverbindung/Diglycidyl Compounds
If the description of a patent discloses several possibilities to achieve a specific technical effect, but only one of these possibilities is included in the patent claim, an infringement under the doctrine of equivalents can only be assumed if the attacked solution in its specific effects corresponds to the claimed solution and differs in a similar manner as the claimed solution from the non-claimed solution which was disclosed only in the description.