Recent German case law on the doctrine of equivalents

Patent law update Germany

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In two recent decisions, Pemetrexed and V-förmige Führungsanordnung, the FCJ affirmed and clarified its established case-law under which embodiments disclosed but not claimed by the patent are excluded from the scope of protection under the doctrine of equivalents. The FCJ clarified in particular in which cases such a selection decision can be assumed to restrict the scope of protection under the doctrine of equivalents. Please find further details regarding this topic in our Patent Law update.