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Microsoft FAT ruling by German Federal Supreme Court on 20th of April, 2010

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X ZR 27/07 is a decision, published by the German's highest court, the Federal Court of Justice (Federal Supreme Court). The court upheld one of Microsoft's FAT of patent. The decision's conclusion what published on 20th of April, 2010 and the full text what published in May in 2010.

Contents

Paragraphs 31 and 32

Florian Müller explains that "paragraphs 31 and 32 of which stated that the patented invention met the technicity criteria under Article 52 of the European Patent Convention". [1]

31. a) The object of the patent claim 1 does not refer to a programme for Datenverarbeit ungsanlagen as those (article. 52 paragraphs 2 C, paragraph 3 EPÜ).

32. After the strengthened administration of justice of the Federal Court of Justice a registration which has a computer program or a procedure achieved by a data processing programme to the object, after the Technizität indispensable for the patent ability must contain the instructions decisive for procedure which have the solution of a concrete technical problem with technical means to the object (BGHZ 149, 68, 74 - search of faulty sign chains; BGHZ 159, 197, 204 - electronic payments; BGHZ 166, 305 Tz. 17 - prepaid telephone calls; Federal Supreme Court GRUR 2009, 479 Tz. 11 - control equipment for investigation modalities). Put solution is enough in patent claim 1 of the quarrel patent under protection for these demands. Since this concerns the technical problem as certain data must be filed in a memory by data-processing systems to the access for different operating systems, and it solves by means of a certain arrangement of the memory allocation.

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External Al on the left

News from before the full decision what published

References

  1. "Federal Patent Court of Germany invalidates Microsoft FAT patent, appeals court may disagree". http://www .fosspatents.com/2013/12/federal-patent-court-of-germany.html. 


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