In a decision of February 19, 2013 (X ZR 70/12) the German Federal Supreme Court had to decide on the following case: a patentee has filed a patent infringement action against an infringer and thereafter granted an exclusive license regarding the patent in suit to a third party. Then even the exclusive licensee has filed a patent infringement action against the same infringer. The German Federal Supreme Court came to the conclusion that the action raised by the exclusive licensee is inadmissible. Moreover, a final judgment about the action of the patentee is also binding the exclusive licensee.