Milling Method (Fräsverfahren), Federal Court of Justice (Bundesgerichtshof), 7 May 2013
Kluwer Patent Blog
January 24, 2014
Please refer to this post as:, ‘Milling Method (Fräsverfahren), Federal Court of Justice (Bundesgerichtshof), 7 May 2013 ’, Kluwer Patent Blog, January 24 2014, http://patentblog.kluweriplaw.com/2014/01/24/milling-method-frasverfahren-federal-court-of-justice-bundesgerichtshof-7-may-2013-%c2%94/
(1) If a plaintiff can prove there was an “offering” of means for the patented purposes, it can be assumed that the means were also delivered for those purposes, and that therefore the plaintiff has a right to claim damages and the provision of information due to indirect infringement.
(2) When a patent is assigned during pending patent infringement proceedings, the right of the assignee to claim damages shall arise starting on the date of the assignment agreement, and not on the date of registration.