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Catching the angora cat - Lessons from Venice. EPLAW Annual Meeting and Congress Brussels, Le Méridien Friday December 2 nd, 2011 By Klaus Haft.

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Presentation on theme: "Catching the angora cat - Lessons from Venice. EPLAW Annual Meeting and Congress Brussels, Le Méridien Friday December 2 nd, 2011 By Klaus Haft."— Presentation transcript:

1 Catching the angora cat - Lessons from Venice. EPLAW Annual Meeting and Congress Brussels, Le Méridien Friday December 2 nd, 2011 By Klaus Haft

2 Starting point: Art. 69 EPC www.rokh-ip.com2

3 Issue in question -Should prosecution history be regarded in claim interpretation? www.rokh-ip.com3 -Theory: Claim interpretation is leading to same results during prosecution and litigation -Practice:

4 Thinking throughout Europe (as discussed in Venice) www.rokh-ip.com4

5 Thinking throughout Europe (as gathered by AIPPI in Q175) www.rokh-ip.com5

6 Conclusions from Venice There seems to be a majority in favor of using the file history also in infringement proceedings. However, there also seems to be a rather broad consensus that this would be relevant or should be regarded - depending on the starting point - only in exceptional cases. www.rokh-ip.com6

7 7 Klaus Haft REIMANN OSTERRIETH KÖHLER HAFT Steinstraße 20O7, 16 40212 Düsseldorf 68161 Mannheim Tel. +49 151 1672 2759 Klaus.Haft@rokh-ip.com www.rokh-ip.com Thank you!

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