NO - Torbjørn Kvassheim v. research foundation Stiftelsen SINTEF

Torbjørn Kvassheim v. research foundation Stiftelsen SINTEF, contributory infringement/research exception, Norwegian Supreme Court, Oslo, 22 December 2009, Docket. No. HR-2009-2402-A, with thanks to Amund Brede Svendsen, Grette

The Supreme Court majority emphasized that the experimental exception and the right to strive for new knowledge does not mean that a research institution can exploit such knowledge commercially by selling the product based on the new knowledge without incurring liability for any patent infringements. Delivering means for the use of the inventions may constitute a contributory patent infringement, even if the means include or are based on new knowledge acquired by research activities that do not infringe the patent.