Lenovo and Motorola receive sales ban in Germany due to patent infringement – Computer – News

Lenovo and Motorola receive sales ban in Germany due to patent infringement – Computer – News
Lenovo and Motorola receive sales ban in Germany due to patent infringement – Computer – News
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German legislation is not necessarily stricter, but different. The implementation of that legislation can be called “stricter” than in other countries.

The difference in legislation mainly lies in the fact that a “bifurcated system” is used in Germany. This means that infringement and validity are dealt with in different cases. I will explain.

If a patent holder accuses a third party of infringement, that third party essentially has two options to defend itself. The alleged infringer can argue that he is not infringing. In essence, the alleged infringer is saying that he is doing something other than what is claimed in the patent. In addition, the alleged infringer can argue that the patent is not valid. This often happens on the basis of publications from before the filing date of the patent, so the alleged infringer actually states that no invention is covered by the patent (because the claimed “was already there” or is not inventive compared to something that “was already there” “).

In the first case, the patent is compared with the product (or process) of the alleged infringer to determine whether there is infringement. In the second case, the patent is compared with knowledge that was already known before filing (prior art).

In Germany, both comparisons take place in different legal cases.

Personally, I find this inconvenient, as a good comparison sometimes requires the patent to be interpreted. It would be unfair to adopt a different interpretation in the infringement case than in the validity case. However, for a patent holder, this split system can be very useful: you can obtain an infringement ban without having to dispute the validity. (there is often still a dispute about the validity, but that happens separately, possibly at a later date).

Another difference is, as I said above, in the implementation of the rules. Some courts in Germany are known for their expertise in the field of patents. They are usually fast. Germany has a large group of good lawyers in the field of patent law. And to top it all off, German judges more often rule in favor of patent holders than judges in, for example, the UK.

In recent years, all this has meant that if a patent holder can start a business in Germany, instead of, for example, in France, where he often does so.

(Finally, it should be noted that the market in Germany is often larger than, for example, in NL, BE, etc. An infringement ban in that country therefore does more than in another country).

The article is in Dutch

Tags: Lenovo Motorola receive sales ban Germany due patent infringement Computer News

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