The German Federal Supreme Court decides about reimbursement of costs in patent nullity proceedings

At the German Federal Patent Court, different chambers have rendered in the past contradicting decisions as to the question of reimbursable costs in patent nullity proceedings. Now, the German Federal Supreme Court has clarified this issue in two decisions dated December 18, 2012 (X ZB 6/12 and X ZB 11/12): If there is a parallel patent infringement action pending which is an action between the same or affiliated parties, then the costs which are caused by the representation in the proceedings by a patent attorney and an attorney-at-law are reimbursable.