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January 2023

Max von Vopelius discusses BGH ruling on necessary cause

In issue 1/2023 of "GRUR-Prax - Praxis im Immaterialgüter- und Wettbewerbs­recht", Max von Vopelius, patent attorney and partner at Eisenführ Speiser, discusses the BGH's judgement X ZR 82/20 (lightemitting diode) of 21 July 2022.

The appeal was directed against the BPatG's decision 2 Ni 22/20 (EP), which declared the patent in suit invalid, and was partially successful insofar as the action for invalidity of a subject-matter defended in a limited way in the alternative was dismissed.

Registered users of Beck-Online can access the discussion here (only available in German).

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