Injunction

One of the remedies available to a patent holder against a patent infringer is an injunction to prevent future. Two types are generally available: a preliminary injunction and an injunction in proceedings on the merits. A preliminary injunction is a provisional measures which has to be confirmed in merits proceedings or otherwise ceases to have effect. In European patent law a (provisional) cross-border injunction is possible: a court in one European state can prohibit infringement in several other European states.

(Compulsory) license, Case Law, Germany, Injunction, SEP

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The Federal Court of Justice (Bundesgerichtshof) ruled that a defendant in a patent infringement suit may successfully raise an antitrust defense against the issue of an injunction where the asserted patent is standard-essential and the defendant has tried to obtain a license to the patent under reasonable conditions. The full summary of this case has been published…