In its decision X ZR 12/22 dated 12 March 2024 – Variationsnut (“varying groove”), the German Federal Supreme Court held that a term used in two different claim features of the same claim may have to be construed differently, if the technical functions of the two claim features indicate this to be necessary.
This decision is illustrative of the importance of technical considerations in the German patent court system: The courts strive to make technical sense of the claimed invention with a mind willing to understand, even if the claim wording may not be perfect.