Evasive answer, Federal Supreme Court (Bundesgericht), 23 May 2011
November 20, 2011
If incorrect pre-litigation behavior of only one of the parties (in this case evasive and conflicting answers to warning letters of a patentee) leads to unnecessary litigation, the court costs and legal expenses of the counterparty have to be imposed entirely on the party that acted incorrectly.
Click here for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com.
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