BGH confirms possibility of a partial judgment in an nullity action with several plaintiffs

In patent nullity proceedings, there is a necessary joinder of parties within between several plaintiffs, because the decision against each plaintiff must in principle be issued uniformly (BGH, judgment of October 27, 2015 - X ZR 11/13. - Fugenband).  The BGH has now ruled in the decision X ZR 59/19 „Oszillationsantrieb“ that nevertheless a decision can be made against the other plaintiffs by partial judgment on an action of several plaintiffs directed to the invalidation of a patent if the proceedings against one of the plaintiffs are interrupted pursuant to Section 240 ZPO (confirmation of BGH, judgment of February 2, 2016 - X ZR 146/13).

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