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Message: Re: ccraider .. Milestone.. is there a catch 22 between the German patent & U.S.
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Mar 24, 2009 11:35AM

Mar 24, 2009 11:55AM
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Mar 24, 2009 02:06PM
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Mar 24, 2009 02:43PM
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Mar 24, 2009 03:45PM
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Mar 24, 2009 04:16PM

Leaving aside the EPO which grants a Europe-wide patent which is non-binding on member states, when a patent is issued in an individual country it is country specific. A German patent can not be litigated in Brazil nor can a US patent be litigated in Australia.

Had no US patents been granted but one had been granted in Germany, the only venue for infringement litigation would be Germany. The fact that there are corresponding patents granted in the US does not change this. Infringement of the US patents has to be litigated in the US.

When a company licences they licence the MMP Portfolio in total, not individual patents. A company might be sued in Germany for infringement of DE 6,903,356 8T2 but to prevent further action would have to buy the license for the whole MMP Portfolio.

You mention a "pact" and I wonder if you are referring to the 1956 initiative.





Be well

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