Blood Pressure Monitor

Manufacturer A has a patent on a special blood pressure monitor. With consent, it sells this device only in the US. Dealer B imports the devices from there into the EU and distributes them here. A sues for an injunction.

Question: Does the principle of exhaustion apply even though the devices were placed on the market outside the EEA?

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Patent holder A has a patent on a special bicycle gear system. An unauthorized supplier purchases complete bicycles with this technology in Spain, exports them to Germany, and sells them to a sporting goods retailer. The retailer invokes exhaustion.

Question: Is exhaustion applicable even though the distributor did not have A's consent?

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A has a patent on a turbine blade design. After many years, operator B of a plant not only replaces the worn blades, but also rebuilds a new turbine wheel with all components. A is suing against this action.

Question: Is this still a permissible repair or an impermissible new production?

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A dealer B sells patented coffee machines in Austria that he has purchased on the second-hand market. A disputes that these devices were originally lawfully placed on the market in the EEA.

Question: Who bears the burden of proof that the devices were sold in the EEA with the consent of the patent holder?

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