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JUVE Patent blog
Patent law reform: Bundestag introduces principle of proportionality
The new patent law adopted last Friday in Germany puts a stop to the use of injunctive relief by Patent Assertion Entities (PAEs). “We also welcome the German parliament’s diligent effort in the context of the new law to explicitly proscribe the practice of Patent Assertion Entities (also known as patent trolls) who acquire patents purely for the purpose of extorting excessive settlements under the threat of an impending injunction.”, told Ludwig von Reiche, IP2Innovate's board member, JUVE Patent.
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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.
Patrick Oliver
European Entrepreneurs CEA-PME and IP2Innovate launch a joint campaign to fight patent abuse by Patent Assertion Entities
BRUSSELS April 26th 2021 - European Entrepreneurs CEA-PME and IP2Innovate today launched a joint campaign to fight patent abuse by Patent Assertion Entities (PAEs), otherwise known as patent trolls.
IP2Innovate welcomes the call by CDU/CSU to introduce a proportionality test in the German Patent Act to better protect innovators against patent trolls
In a recent the German Conservatives (CDU/CSU) Elisabeth Winkelmeier-Becker and Ingmar Jung express concerns over abusive litigation practices by patent trolls, which distort the market and undermine Germany’s attractiveness as a business location. They note that in light of the high complexity of modern products, companies can no longer completely rule out the possibility of patent infringements. In this context, an unlimited right to injunctive relief create unwarranted leverage for patent trolls who buy up patents only to assert them against companies and extract disproportionately high settlements. Solutions proposed by CDU/CSU are the introduction of a proportionality test in the German Patent Act as well as a synchronisation of infringement and nullity proceedings.