Case by Case | The Düsseldorf Local Chamber Clarifies “Double-Flat” Claims and Confirms Intermediary Liability for EU Authorised Representatives.

Rachael Cartwright explores a decision that will be of particular interest to medical device manufacturers and their regulatory representatives.The Düsseldorf Local Chamber (LC) considered the scope of liability of an EU authorised representative in proceedings concerning EP 2 892 442, designated in Germany, France and the UK, relating to surgical torque transmitting instruments. The patent proprietor ultimately continued its case only against the German entity acting as the authorised representative for the Chinese manufacturer after settling with the other defendants. The Court found that the accused “Bojin” surgical tools infringed claim 1 of the patent and were suitable for use in an instrument falling within claim 6.If you have any feedback, questions, or comments, please email us at [email protected] all the episodes as we release them here. Follow us on LinkedIn.