“Pemetrexed II”Decision of the Federal Supreme Court of Germany (Bundesgerichtshof) 7 July 2020 – Case No. X ZR 150/18

In patent revocation proceedings it is not inadmissible for a party to join as an intervener for the plaintiff in the appeal instance on grounds that the intervening party is raising a further nullity claim against the patent on which the patent court has not yet decided.Whether a reasonable expectation of success is given for trying a route to solving a problem must be determined in each individual case taking into consideration the field in question, the strength of the incentive for the person skilled in the art, the necessary effort for trying and pursuing a certain approach and the possible alternatives, as well as their advantages and disadvantages (confirmation of Federal Supreme Court, decision of 16 April 2019 – X ZR 59/17, GRUR 2019, 1032 – Fulvestrant).