UNION-IP Munich Roundtable Event on Indirect Infringement – 23 February 2018
It is a challenge to provide patent protection for parts, components, and consumables, such as those used in coffee machines, printers, cars, and as ingredients for pharmaceuticals. Indirect infringement might be the only solution for the patentee in such cases. However, this is subject to conditions, which prove to be complex, and interpreted differently across Europe. When drafting or litigating a patent, the following questions might arise:
- What is an essential element of the invention? Any element of the patent claim, an element important for the realization of the invention (Nespresso 2013, Audiosignalcodierung 2015), or a distinguishing feature (Sara Lee v lntegro)?
- Must the element be delivered in the same country as where the patent is infringed directly? German case law shows that this is not necessary (Funkuhr 2007, Abdichtsystem 2017), while judges in other countries rule differently.
- Does the supplier of the element need to know that delivery will result in direct infringement, is it sufficient that such infringement is obvious (Grimme v Scott) or is it required that the infringing use is promoted (Swiss case law)?
- When is a Swiss-type claim infringed? Court cases involving this issue for the product Permetrexed are ongoing in different countries.
- Will there be more cases of indirect infringement if the UP and UPC come into force?
UNION-IP‘s 2018 Munich roundtable will be an outstanding opportunity to hear from judges and experienced professionals about indirect infringement in Europe and to exchange views on the subject with colleagues from all over Europe.
The speakers lined up for the event, which is to be held at the German Patent Office in Munich on Friday 23 February 2018, include Dr Klaus Bacher, Judge at the Bundesgerichtshof (German Federal Court), Silvia Vitrò, President of the IP Specialized Court of Turin, Mr Justice Sir Henry Carr of the English High Court, Florence Jacquand of Véron & Associés, and Gabriele Mohsler , VP Patent Development at Ericsson.
For more details and how to book, visit the UNION-IP website at www.union-ip.org.