Hoffmann Eitle - München, London

Hoffmann · Eitle Newsletter 1/2011 - Scope of Patent Protection against Indirect Infringers

Author: Alistair Russell

On 15th October, 2010, the UK Court of Appeal handed down judgment in the case of Grimme v Scott, followed on 18th November, 2010, by a decision from the same court in the case of KCI Licensing v Smith & Nephew. These decisions bring the UK law on indirect infringement into line with the approach adopted by the German courts, further harmonizing the interpretation and application of patent law in Europe.

The Hoffmann · Eitle Newsletter 1/2011 reviews the key changes brought about by the decisions in the UK, as well as potential consequences of these changes on the scope of protection, and investigates the extent to which the harmonized provisions on indirect infringement in Germany and the UK are in line with the law on indirect infringement in other important countries in Europe.