Kernrechtsfrage
Whether the appeal requesting only annulment was admissible
Extrahierter Entscheid
The appeal was admissible because the Federal Supreme Court would in any event have had to remand for further fact-finding if the appellants prevailed.
Extrahierte Begründung
A pure annulment request is exceptional under Art. 42 LTF, but permitted where no final judgment can be rendered due to insufficient factual findings on infringement and damages.