Update on the News of August 18, 2023, Regarding Patent Dispute

The Federal Patent Court, in the nullity proceedings concerning the disputed patent (German part of EP 2 145 171), issued a judicial notice on July 24, 2023, in accordance with § 83 (1) of the Patent Act. In this notice, it has preliminarily concluded that patent claim 1 in the granted version and in the defended versions according to auxiliary requests 1-3 is likely to prove to be legally unsustainable. The Higher Regional Court of Düsseldorf, serving as the appellate court in the patent infringement lawsuit, temporarily suspended the enforcement of the first-instance judgment of the Düsseldorf Regional Court as of September 11, 2023, in light of the aforementioned judicial notice from the Federal Patent Court, subject to providing security.