Question: What can a defendant object to in infringement proceedings if he is convinced that the patent should never have been granted?

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Question: What grounds for invalidity can a defendant assert if they believe that the patent does not meet the legal requirements (novelty, inventive step, feasibility, etc.)?

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What can the patent holder do if it becomes apparent that their granted main claim is not legally valid?

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Auxiliary Requests

Question: How can the patent holder strategically defend their patent through auxiliary requests, and in what order does the court examine these requests?

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Question: Why can't the patent holder extend their patent to a more abstract subject matter in nullity proceedings, even if they realize that they originally formulated it too narrowly?

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Question: How do civil courts in Austria or Germany proceed if documents damaging to novelty emerge in infringement proceedings, but only the patent office or federal patent court is authorized to decide on their significance?

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Question: What practical gap arises for the patent holder as a result of the suspension of the infringement proceedings, and how can the defendant benefit from this?

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Question: How can the patent holder attempt to bridge the protection gap during the ongoing nullity proceedings, and what risk does he bear in doing so?

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Question: What are the practical consequences of the three possible outcomes of the nullity proceedings (completely invalid, partially invalid, completely valid) for the infringement proceedings?

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