In the Decision of July 17, 2012 (X ZR 77/11 „Verdichtungsvorrichtung“)
the German Federal Supreme Court had to decide under which conditions after a final judgment in the patent nullity proceedings, a patent infringement case can be stayed due to new nullity proceedings. The German Federal Supreme Court concluded that further staying the infringement proceedings is only allowed if the likelihood of success of the new nullity proceedings is evident. Staying the infringement proceedings is based on a discretionary decision. On the one hand, such a decision has to take into account the interest in consistent nullity and infringement decisions and on the other hand, the interest of the patentee in a prompt termination of the infringement proceedings. After a final judgment in the nullity proceedings, the interests of the patentee regularly have a higher rate, such that further staying can only come into consideration if the new nullity action evidently is well founded.