09 May 2012
New UK publication addressing indirect patent infringement
David Nilsson and Assistant Professor Timo Minssen have published a paper on indirect patent infringement in the Journal of Intellectual Property Law & Practice (Oxford Journals), 2012, Vol. 7, No. 6, at 437-448.
The impetus for this article came from two fairly recent judgments rendered by the US Supreme Court and the England and Wales Court of Appeals addressing indirect patent infringement and the knowledge requirement in particular. We use these cases as a backdrop to analyse the knowledge requirement in these jurisdictions. We then briefly look at the decisional practice of the German Federal Supreme Court, by virtue of the pioneering role of this Court in respect of adjudicating indirect patent infringement cases in the EU. The choice of focusing on the Scandinavian countries is mainly due to the authors being domiciled in Sweden and Denmark. Also, we note that the state of case law in Scandinavia on the topic of indirect patent infringement is fairly nascent, and argue that this provides for an ample opportunity for harmonization and cross-fertilization in European cross-border jurisprudence. Each jurisdictional section is followed by specific comments. We conclude the article with some comparative remarks.