(Compulsory) license, Enforcement, Germany

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by Stephan von Petersdorff-Campen – rospatt osten pross Where a patent has been exclusively licensed to a third party, it is this licensee who is directly prejudiced by an infringement of said patent. But a 2008 verdict by the German Federal Supreme Court (BGH) also allows the patent holder as licensor to bring his own…

(Indirect) infringement, Enforcement, Germany

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by Stephan von Petersdorff-Campen In my post of 28 April 2011, I reported that the Düsseldorf Appellate Court (Oberlan-desgericht) does not require urgency for inspection orders, whereas urgency is re-quired for preliminary cease and desist orders. Urgency means that the patentee is compelled to apply for an interim injunction in due time (approx. 1 month)…