The German Federal Supreme Court decides about a use right on the basis of an older patent

In a recent judgment the German Federal Supreme Court has decided that a younger patent right can be limited in relation to the owner of an older patent right by the patent claim of the older right. The owner of the older patent may have the right to use. Also, a licensee of the older patent may rely on this use right. The use right, however, only exists to the extent that exclusively the technical teaching of the older patent is used whereas the additional features which are taught by the younger patent are not used.