'Pipe Cleaning Nozzle II' (Rohrreinigungsduse II) Code of Civil Procedure, Sec. 253(2) No. 2; Patent Act, Sees. 9,139

摘要

A plaintiff is not barred by procedural law from asserting claims for a patent infringement based on a specific contested embodiment but may also assert comprehensive (procedural) claims based on the patent at issue that are intended to cover acts by the defendant related to further embodiments that fall under the scope of the patent claim. That such a broad phrasing of the material demand is meant to be submitted for decision by the court can as a rule not be derived from the fact that the plaintiff fails, as required [citation omitted], to formulate a petition tailored to the contested embodiment submitted by him.