The German Federal Supreme Court sends a case back to the Higher Regional Court

In a decision of May 6, 2014 (X ZR 36/13) the German Federal Supreme Court concluded that the Higher Regional Court has not properly dealt with the question of patent infringement under the doctrine of equivalence. This line of argumentation, however, was brought forward by the plaintiff in the first and second instance. The German Federal Supreme Court concluded that the constitutional right of the plaintiff to be heard before the Court was violated, and has sent the case back to the second instance so that the case can be reviewed under the aspects of infringement under the doctrine of equivalence.