From the perspective of a practitioner in patent infringement law, the German courts’ take on equivalence may be illustrated as a wave movement, or a pendulum that constantly, if unevenly, swings back and forth. Sometimes it appears to be more in favour of broadening the criteria for patent infringement based on equivalence, sometimes it appears to be more restrictive.
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at firstname.lastname@example.org
Jens Künzel, Krieger Mes & Graf v. der Groeben, Germany’s Federal Court of Justice, patent, patent infringement, Occluder,