Decision Keyword:
Displacement pump
Law applied:
PatG §§ 9 p. 2 no. 1, 83 I, 139 I 1, II, 140a I, II, 140b I, III
Code of Civil Procedure (ZPO) §§ 91 I, 148 I, 256, 709, 712
European Patent Convention (EPC) Art. 64 I, III
German Civil Code (BGB) §§ 145, 242, 259
Summary (Machine translation):
An internet presence written in a foreign language has a necessary domestic reference for offering according to § 9 p. 2 no. 1 PatG, if it is established cumulatively that (1.) it is a common foreign language for the relevant market, a relevant interested party is located in the country and (2.) the operator of the website has already made other offers in the Deviations from this may apply if it is clearly stated that delivery will not be made to the domestic territory. (Guiding principle of the court)
District Court Munich I (LG München I), Final Judgment of April 18, 2024 – 7 O 4318/23 –
>>Download Judgment (machine translation)
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