tag:blogger.com,1999:blog-1949935810569534550.post4222790869238956036..comments2023-08-17T14:09:24.945+01:00Comments on PatLit: the patent litigation weblog: Contributory Infringement and TerritorialityUnknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-1949935810569534550.post-37509312794923286752012-12-06T11:18:02.091+00:002012-12-06T11:18:02.091+00:00Thanks for pointing this out, Micaela. The origina...Thanks for pointing this out, Micaela. The original post was quite misleading, indeed. <br /><br />The decision makes the referral on the basis of a copyright- and trademark infringement case, but the question referred to the ECJ is broad enough to cover patent infringement as well(and generally <i>the tort, delict or quasi-delict, being subject of the procedure</i>), as as long as Art. 22 Nr. 4 of the regulation does not enter the game. <br /><br />Since we are on a patent litigation blog, I thought it would be a good idea to illustrate a situation where the question could arise using a (purely hypothetical) patent infringement case.<br /><br />Again, sorry for the confusion.Michael Thesenhttps://www.blogger.com/profile/11216937613426928728noreply@blogger.comtag:blogger.com,1999:blog-1949935810569534550.post-706056400325633832012-11-02T18:26:37.514+00:002012-11-02T18:26:37.514+00:00The link to the German decision making the ECJ ref...The link to the German decision making the ECJ referral does not lead to a decision on patents, but rather to a decision on copyright. Also, in the website of the Bundesgerichtshof I could find both the copyright decision and the decision of same date making the same referral to the ECJ for a trademark. However, I could not find any decision making the same referral to the ECJ for a patent, while from your post there seems to be a decision where the infringed right was in fact a patent. Can you post the link to the "correct" decision, i.e. the one making the referral to the ECJ and relating to patent infringement? <br /><br />Thanks! <br /><br />Micaela <br /><br />Micaela Modiano <br />MODIANO & PARTNERSAnonymousnoreply@blogger.com