The German Federal Court declares settlement concerning royalties for shipments to countries outside the territorial scope of a patent to be void (Abgasreinigungsvorrichtung)

I. Facts of the case and case history The claimant/licensee produces devices for cleaning exhaust fumes. The defendant/licensor owns a European patent protecting a specified process for cleaning exhaust fumes, with territorial effect (seeEuropean Patent Convention, Art. 3) in Germany, France, Great Britain, Austria, the Netherlands, Switzerland and Liechtenstein. 1. The first lawsuit In a first lawsuit, preceding the one which is the subject of this case note, the defendant (then: claimant) had sued the claimant (then: defendant) for derivatively infringing the defendant's patent, arguing that the devices produced by the claimant could and were meant to be used by third parties in a way which would infringe the defendant's patent. Eventually, in the year 2000, this first lawsuit

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Florian Wagner-von Papp, The German Federal Court declares settlement concerning royalties for shipments to countries outside the territorial scope of a patent to be void (Abgasreinigungsvorrichtung), 5 July 2005, e-Competitions Intellectual property, Art. N° 671

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