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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.
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Other press coverage
WIPR
European courts failing over proportionality: IP2Innovate
Trade group IP2Innovate has warned that courts across Europe are failing to consider proportionality in patent cases, while urging the European Commission to promote similar reforms to those recently enacted in Germany.
Managing IP
US firms prioritise Europe as UPC countdown begins
In the recent article of Managing IP, examining future enforcement of EU patent law by the Unified Patent Court (UPC), Katalin Lubóczki, coordinator of the UPC Working Group responsible for finalising the training plan for UPC judges emphasises that proportionality will be an important principle in UPC jurisprudence.
The Wall Street Journal
A Push to End Germany’s Status as ‘Paradise for Patent Trolls’
Apple and Nvidia have joined German companies advocating for legislation to make the country a less attractive destination for NPEs.