According to a press release, on 6 May 2009 the German Federal Civil Court of Justice (the German Court of Justice) handed down a judgment setting out the conditions of a so-called compulsory licence defence. Under such a defence, a patent user facing an infringement suit from the patent holder may defend itself before the courts if it can demonstrate that it unsuccessfully tried to obtain a licence on reasonable terms and conditions from the patent holder and
The German Federal Civil Court of Justice rules on the conditions of compulsory license defense (Philipps)
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