blog
Wall Street Journal
Germany Shuts Door on Patent Trolls

Germany on Friday removed a legislative quirk that had made it a prime destination for globally active patent litigators who increasingly target fast-growing tech companies. Under the new legislation, courts examining a patent claim will conduct a proportionality check to decide whether an injunction would cause “undue hardship” to the alleged infringer or any third party. Ludwig von Reiche, IP2Innovate's board member told Wall Street Journal, that the law was an important step towards creating a better balance between patent and innovation protection. It remains to be seen how judges apply the new law, he added.
Share
Other press coverage
IP2Innovate
Contrary to EU law, courts across Europe consistently fail to consider proportionality in patent cases, new data reveals
BRUSSELS, 25 November 2021 – Between 2018 and 2020, courts in nine EU member states plus the UK and Norway, handed out injunctions automatically in 98% of patent cases in which an infringement was found, according to data sourced from Darts-ip, a Clarivate IP intelligence solution.
Statement by IP2Innovate in reaction to Commissioner Breton’s comments about the European patent system
“IP2Innovate welcomes Commissioner Breton’s today and we support his call for a balanced and effective European IP system,” said Patrick Oliver, Executive Director of IP2Innovate.
The Wall Street Journal
A Push to End Germany’s Status as ‘Paradise for Patent Trolls’
Apple and Nvidia have joined German companies advocating for legislation to make the country a less attractive destination for NPEs.