Füllstoff (Filler), infringement proceedings (prior use right), Federal Supreme Court, Germany, 10 September 2009, Docket No. Xa. ZR 18/08
An alleged patent infringer is not entitled to a prior use right by virtue of law, if there is a contractual agreement in place between the alleged patent infringer and the inventor and if the alleged patent infringer obtained knowledge of the invention due to the execution of the contractual agreement. In such case, it is exclusively a matter of the scope of the contractual agreement, whether the alleged patent infringer is entitled to any rights with respect to the invention.
Read the judgment (in German) here.
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