German Supreme Court holds that extra-territorial delivery can result in patent infringement
The German Supreme Court stretching out to catch extra-territorial patent infringement (in some circumstances...) |
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.