The Austrian Supreme Court decided that a patent owner is free to base an infringement action on a limited version of its claims, irrespectively of initiating formal limitation proceedings.
An application for cost reimbursement by the Main Association of the Austrian Social Insurance Institutions, which contained a declaration of the price and the availability of a generic product, constitutes an offering for sale and such application can therefore be prevented by the patent holder until patent expiry.
Foreign decisions only have effect for the respective countries, but are admissible means of evidence to support an invalidity defence in Austrian provisional proceedings.
Click here for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com.
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