(Indirect) infringement

Infringement is unauthorized application of the claimed invention, e.g. by trading in a product that falls within the scope of the claims of a patent. Actively inducing, encouraging or materially contributing to the infringing activity may – in some jurisdictions – also constitute indirect infringement. Infringement by inducement and contributory infringement are two types of indirect patent infringement, recognized in the U.S. In Europe indirect infringement generally relates to the (offer to) supply a means essential to the invention.

(Indirect) infringement, Enforcement, Extent of Protection, Injunction, Scope of protection, Second Medical Use, United Kingdom

(Bristows)/

On 28 May 2015, the English Court of Appeal issued a ruling in the on-going Lyrica saga which, although almost certainly not representing the last word on the topic, took a markedly different approach to the correct construction of Swiss form claims to the first instance judge, Arnold J. One thing there does appears to…

(Indirect) infringement, Exceptions to patentability, Pharma, Second Medical Use, Switzerland

(MLL Legal Ltd.)/

By Mark Schweizer, Reinhard Oertli and Simon Holzer The Swiss lawmaker plans to introduce a new exemption from patent protection for physicians and pharmacies. The new exemptions aims to protect physicians and pharmacies from being involved in patent disputes concerning second medical use claims according to the EPC 2000 (purpose-limited product Claims). From Swiss-type claims…

(Indirect) infringement, United States of America

(Foley&Lardner LLP)/

The U.S. Court of Appeals for the Federal Circuit issued its remand decision in Akamai Technologies, Inc. v. Limelight Networks, Inc., and this time affirmed the district court decision that Limelight was not liable for infringement of Akamai’s patents because Limelight had not performed each step of the method claims and was not responsible for…

(Indirect) infringement, Case Law, Germany

(Krieger Mes Graf & v. der Groeben)/

At a tradeshow in Düsseldorf the Defendant co-organized a so called “Turkish Pavilion” featuring several companies of the Turkish region “Samsun”. The Court held that this role of the Defendant was sufficient to be held liable for patent infringement, even where the Defendant itself did not manufacture or sell the products. Exhibiting at the tradeshow…

(Cross-border) jurisdiction, (Indirect) infringement, Countries, Germany, Scope of protection

(Rospatt Osten Pross )/ /1 Comment

The Bundesgerichtshof (German Federal Court of Justice) in the decision Audiosignalcodierung (judgement of 3 February 2015, X ZR 69/13) confirmed the principle established in the Bundesgerichtshof decision Funkuhr II, according to which the delivery of a product to a third party in a territory outside of Germany constitutes a patent infringement in Germany if the…

(Indirect) infringement, Second Medical Use

(Bristows)/

Marleen H J van den Hors (BarentsKrans in the Netherlands) dealt with the interesting question of enforcement of second medical use patents and suggested that regulatory changes might be required to facilitate enforcement.  She pointed out that there has been different interpretations of Swiss-style claims in the Netherlands and the UK leading to a different…

(Indirect) infringement, Finland, Sweden

(Attorneys-at-Law TRUST)/

This time we take a look at various decisions that share one thing in common — piercing the corporate veil doctrine. Even if these rulings are not purely patent law cases, they will definitely have influence on forthcoming litigations. First, let us look at the recent Finnish Supreme Court case 2015:17, in which the defendant…

(Indirect) infringement, Biologics, Extent of Protection, Germany, Injunction, Scope of protection

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Based on method claims, German Patent Law does not only grant the patentee an exclusive right to exercise the method on the German territory, but also a monopoly to offer, bring into circulation or to use in Germany a “fruit” that is the immediate result of the patented method (Sec. 9 (3) German Patent Act)….

(Indirect) infringement, Case Law, European Union, Germany, Kluwer Patent Cases

(Krieger Mes Graf & v. der Groeben)/

The CoA Karlsruhe held that the fact that a referral is pending before the CJEU regarding the issues of the criteria for raising the FRAND defense (C-170/13 Huawei) does not justify the suspension of the enforcement of an infringement judgment issued against a defendant. The court also expressed their expectation that – even after a…

(Indirect) infringement, Denmark, Equivalents, Injunction, Pharma

(Bugge Valentin)/

On February 13, 2015 the Eastern High Court of Denmark issued a decision in an appeal in interlocutory proceedings regarding an application for an interim injunction against the marketing and sale of generic medicines (birth-control pills) containing, inter alia, drospirenone. Bayer is the proprietor of two patents regarding a method for producing drospirenone. On June…