Over a period of two years, importer X brought several hundred tons of a patented substance S to its temporary storage facility in Austria. Patent holder A, who also manufactures the substance, fears that it will enter the free market “through secret sources.”
Question: What claim can he assert to prevent the substance from entering the market?
A manufactured loudspeakers over a long period of time. He was sued for injunctive relief by patent holder B. B had publicly claimed that A, “as a Chinese company, could not help but copy.” Now B has lost the court case, as it has been proven that A did not infringe the patent at all.
Question: Is there any way that A can have this corrected with the help of the courts?
In a hardware store, entrepreneur A finds a saw from a competitor, company X, that infringes his patent. Since he does not want to take legal action against the operator of the hardware store, he wants to take action against the company that manufactures the saw and claim damages. Unfortunately, he cannot quantify his damages.
Question: What claims can help A actually obtain his damages?
A battery manufacturer discovers a warehouse at a supplier's premises containing pre-assembled energy storage devices that infringe its patented control system. It wants to prevent these products from entering the market and being used.
Question: What claim can the patent holder assert?
An audio technology company learns that several patent-infringing loudspeakers have already been sold to end customers. It wants to ensure that these devices are no longer used or put back on the market.
Question: What claim can the patent holder assert?
Robot Manufacturer
A robot manufacturer launches a new model on the market without first conducting a patent search. It later transpires that it is using a protected technology. The patent holder wants to claim compensation for the damage incurred.
Question: What steps could it take to obtain compensation?
A pharmaceutical company suspects that a competitor has sold a drug on a large scale in violation of its patent. It needs accurate figures to determine the amount of its claim for damages.
Question: What steps can be taken to quantify the damages?
A biotech company wins a sensational lawsuit. The specialist media had previously reported predominantly in favor of the defendant. Now the company wants to ensure that the outcome is made public.
Question: What claim can the patent holder assert? What would the situation be if the defendant had won the lawsuit?
Heart Rate Sensor
A smartwatch manufacturer is warned by the patent holder that its heart rate sensor infringes on its patent. It continues to sell the watches nonetheless. Even after a civil court issues a final injunction, it does not cease its patent-infringing activities.
Question: What claim can the patent holder assert in order to finally stop the infringing activities?