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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
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.
IP2Innovate
IP2Innovate welcomes latest changes to the UPC’s transparency rules
BRUSSELS, 12 July 2022 – IP2Innovate, a trade group pushing for a better functioning patent system in Europe, welcomes the transparency rules agreed last week by the Unified Patent Court which will ensure the Court’s decisions and orders are publicly available.
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.