blog
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.
Share
Other press coverage
lesechos.fr
Guerre des brevets : la lettre de grands groupes mondiaux à Thierry Breton.
A hundred companies including Apple, Adidas, Microsoft, Sanofi and Volkswagen wrote on Wednesday to European Commissioner Thierry Breton, asking him to pull the rug out from under “patent trolls” feet, groups whose sole activity is the massive purchase of patents for prosecution purposes.
JUVE Patent blog
Patent law reform: Bundestag introduces principle of proportionality
After months of deliberation, the German Bundestag has finally decided on amendments to a new federal government patent law. It will introduce a proportionality test for the right to an injunction under patent law. The decision comes just a few months before Germany elects a new parliament, and a new government.
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.