Formstein defence
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In the context of German patent law, the Formstein defence is a well-known defense against an alleged infringement by equivalents, wherein the alleged infringer claims that the embodiment alleged to be equivalent (to the subject-matter claimed in the patent) is not patentable and therefore the doctrine of equivalents does not apply.[1] It is similar to the UK's Gillette defense and the U.S. Wilson case.[2][3] The name "Formstein" means "molded kerbstone" and comes from a landmark decision of the Federal Court of Justice of Germany (Bundesgerichtshof) issued in 1986.[2][4][5]
See also
[edit | edit source]References
[edit | edit source]- ^ Lua error in Module:Citation/CS1/Configuration at line 2172: attempt to index field '?' (a nil value).
- ^ a b Lua error in Module:Citation/CS1/Configuration at line 2172: attempt to index field '?' (a nil value).
- ^ Wilson Sporting Goods v. David Geoffrey
- ^ Lua error in Module:Citation/CS1/Configuration at line 2172: attempt to index field '?' (a nil value).
- ^ Schneidmesser II; GRUR 1986, p 803. Federal Court of Justice of Germany, April 29, 1986.
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