IAM magazine
2014 IP Management Services
IAM magazine RSS feed IAM magazine on Twitter IAM magazine on Linked-in
Intellectual Asset Management
Subscriber login
Search

Federal Supreme Court rules on infringement of data coding patents - International Report

Federal Supreme Court rules on infringement of data coding patents

Cohausz & Florack - Germany

Gottfried Schüll

29 Aug 2012
Federal Supreme Court rules on infringement of data coding patents
Cohausz & Florack - Germany
Gottfried Schüll
 
29 Aug 2012


On 21st August 2012 the Federal Supreme Court ruled in a case against a European disc replicator based on the German parts of European patents essential to implement the MPEG-2 video coding standard.

The court confirmed in its decision the granting of the lower court's cease and desist order because the data generated by the patented video compression method constituted an immediate product of a patented process. According to the court, the compressed video data was protected as long as its characteristic properties were preserved in intermediate products, as well as on a DVD.

The landmark decision has confirmed the protection of an immediate product of a patented process in the digital world, thereby sweeping away legal theories which limited protection to products chronologically treated last by a patented method. Copying "data products" of a patented process constitutes patent infringement as long as the characteristic properties of the data products generated by the patented process are preserved.

For further information please contact:

Gottfried Schüll
Cohausz & Florack
www.cohausz-florack.de
Email: gschuell@cohausz-florack.de
Tel: +49 211 90 49 00


Close

Register for more free content

  • Read more IAM blogs and articles
  • Receive the editor's weekly review by email
Register now  
Issue 0