Posted: May 16th, 2010
Walzenformgebungsmaschine, Bundesgerichtshof, Federal Court of Justice, Germany, 15 April 2010, Case No. Xa ZB 10/09, with thanks to Bernhard Arnold, Arnold Ruess
The German courts have to take into account decisions made by the instances of the European Patent Office or by courts of other contracting states of the European Patent Convention which concern a substantially equal question, and have to discuss the grounds, as the case may be, which have led to a different result of the previous decision. This includes questions of law, such as the question whether the state of the art renders obvious the matter of an IP right.
Not every violation of this obligation violates the right to be heard of the party concerned.
Read the decision (in German) here.