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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. “This principle is a basic tenet of German legal philosophy, meaning any sanction must be proportionate to the offence committed. But patent law was essentially exempt from that,” Ludwig von Reiche,IP2Innovate's board member, told WIPR. “We expect courts to have to consider it if it is pleaded. It will most likely be pleaded in many cases and case law needs to be established,” added von Reiche.
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Other press coverage
WIPR
The UPC: time to get Europe’s house in order
Judges at the incoming court must consider the threat posed by patent assertion entities, comments Patrick Oliver of patent owners’ coalition IP2Innovate.
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.
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.