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The Trial and Bolar Privilege in the Field of Indirect Patent Infringement

by Dr Marco Stief and Tobias Matschke

Issued in GRUR Gewerblicher Rechtsschutz und Urheberrecht

The subject of trial and Bolar privileges may initially appear to have been largely clarified and written out. In the area of ​​indirect patent infringement, however, there are still unanswered questions about the scope of privileges, which are of particular economic relevance and have not yet been decided by the highest court. The article deals with the genesis of Section 10 (3) as well as Sections 11 No. 1-3 PatG mentioned there and shows the current problem areas as well as possible solutions, taking into account the previous case law.

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