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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
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
Patent law reform strengthens Germany as a location for innovation; Europe needs to follow suit to enhance its competitiveness
Berlin, June 11th 2021 - The Bundestag today adopted legislation to modernise German patent law. The changes are an important step towards creating a better balance between patent protection and innovation protection. European patent law needs to follow Germany’s lead.
Patrick Oliver
New report: Europe faces a growing problem of firms abusing the patent system for financial gain
A published today gives unique insight into how some non-practising entities (NPEs), also known as patent asserting entities (PAEs) or patent trolls, game Europe’s patent system. The report also provides further evidence that the problem of patent trolls is migrating to Europe from the US, and it proposes several policy responses to address the problem.