blog
Wall Street Journal
Germany Shuts Door on Patent Trolls
Germany on Friday removed a legislative quirk that had made it a prime destination for globally active patent litigators who increasingly target fast-growing tech companies. Under the new legislation, courts examining a patent claim will conduct a proportionality check to decide whether an injunction would cause “undue hardship” to the alleged infringer or any third party. Ludwig von Reiche, IP2Innovate's board member told Wall Street Journal, that the law was an important step towards creating a better balance between patent and innovation protection. It remains to be seen how judges apply the new law, he added.
Share
Other press coverage
leconomiste.com
L’UE face au fléau des «chasseurs de brevets»
Some companies are worried about the spread of the patent troll phenomenon in Europe. Some have even sent a letter to Thierry Breton, European Commissioner for Industry, calling for a “balanced approach to intellectual property and measures against non-practicing entities (NPE): legal person with no activity known as Patent Troll”.
IP2Innovate
Contrary to EU law, courts across Europe consistently fail to consider proportionality in patent cases, new data reveals
BRUSSELS, 25 November 2021 – Between 2018 and 2020, courts in nine EU member states plus the UK and Norway, handed out injunctions automatically in 98% of patent cases in which an infringement was found, according to data sourced from Darts-ip, a Clarivate IP intelligence solution.
WIPR
Implementers praise German patent reforms
Implementers have welcomed reforms to Germany’s laws which weaken patent owners’ right to an injunction if successful in litigation, but their impact on case law remains to be seen.