The Federal Court of Justice held that data can be a product directly obtained by a patented process and can therefore be protected. An important issue was whether patent rights were exhausted, if the patentee consented to market a video masterband and the infringer used this masterband to produce DVDs The court discussed whether there may have been a danger of infringement if the infringer did not know about the exhaustion of rights.

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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