[The IPKat] German Supreme Court holds that extra-territorial delivery can result in patent infringement

[Annsley Merelle Ward]

The German Supreme Court stretching out to catch extra-territorial patent infringement (in some circumstances...)

About a month ago, AmeriKat friend Jérôme Kommer (Quinn Emanuel) authored this guest post on infringement from products (data) obtained form a patented process and the problem when the patented process occurs outside the jurisdiction.  In that post, the AmeriKat mentioned a case (X ZR 120/15) recently heard before the German Supreme Court about the liability for patent infringement in Germany if the infringer "only' delivers infringing products to customers outside Germany which might end up in Germany.  

Last  week the written decision was finally published online (copy here).  The main finding is that the Supreme Court has held that the foreign supplier can be liable for patent infringement of its customers in Germany even if the supplier itself only delivers outside of Germany.  The supplier is liable if there are specific enough circumstances that make it appear obvious that its customers will deliver its products to Germany and offer them there.

Not speaking German, the AmeriKat is relying on Dr Felix Trumpke (Quinn Emanuel) to summarize last week's groundbreaking findings.  Look out for this analysis this week.

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Posted By Annsley Merelle Ward to The IPKat on 7/02/2017 09:28:00 am