Mannheim Regional Court, decision of 23/04/2010, docket no.: 7 O 145/09
- As part of the recall claim to which the patent owner is entitled under § 140a (3) German Patent Act the patent owner may not prescribe how the infringing party should ultimate-ly remove the infringing items from the distribution channels.
- A recall claim does not apply to items which are already in the possession of a private or commercial final customer because they are no longer in the distribution channels.
Read the decision (in German) here.
Headnote: Jan Dombrowski