If an infringement action is pending before an ordinary court at the same time that a revocation action is initiated before the Federal Patent Court, the court hearing the infringement action has the option to suspend the pending proceedings until after the Federal Patent Court has issued its decision. This is regularly the case when, after summary examination, the court hearing the infringement action considers that the revocation action has sufficient prospects of success. Thus a revocation action that is initiated as a dilatory tactic and that holds no prospects of success cannot prevent the expeditious conclusion of an infringement proceeding. If the Federal Patent Court issues a decision in a patent revocation action, all courts hearing an infringement action are bound to uphold the Federal Patent Court’s decision with respect to the validity of that patent. These two levels of jurisdiction merge in the highest instance, the Federal Court of Justice. The Civil Panel competent to hear patent cases at the Federal Court of Justice has jurisdiction over complaints against Federal Patent Court decisions and also serves as the court of appeal on points on law with respect to decisions issued by Higher Regional Courts in infringement actions.

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