Saturday, February 20, 2021
Federal Court of Justice of Germany issues prenatal death certificate for patent injunction reform: change is NOT coming
That pre-hearing statement starts with the following two sentences (my translation): It is not to be expected that the proportionality analysis envisioned by [the proposed reform statute on injunctive relief] will result in any fundamental departure from the principles of the
Heat Exchanger case law. The probability of a finding or, respectively, negation of proportionality in a given case is, therefore, not going to change with respect to the underlying principles.
There you have it again: the total failure of pro-reform lobbying efforts. They wasted time, money, and energy, and the result is going to be symbolical, but the situation won t really improve. That statement by the Federal Court of Justice will be cited by plaintiffs and, ultimately, by the lower courts.
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