@article{49104,
      url = {http://tind.wipo.int/record/49104},
      title = {Covenants to Be Sued Last and Exhaustion of Patent  Rights.},
      abstract = {Code of Civil Procedure, Sec. 138(4); Patent Act, Sec. 14  ‒ CQI Report II  Official headnotes (translated from the  German by David Wright) a) The question whether and to what  extent rights under a patent are exhausted by putting  products on the market is to be assessed according to the  law of the country of protection (supplement to decision of  the Federal Supreme Court, 22 February 2022 – X ZR  103/19, GRUR 2022, 1209 para. 42 –  Bakterienkultivierung).  b) A covenant not to sue generally  leads to the exhaustion of rights with regard to products  put on the market on this basis.  c) As to the question  whether a covenant to be sued last leads to exhaustion, it  is of particular importance whether the contracting party,  in the normally expected course of events, is at risk of  being held liable by the patent proprietor for infringement  of the patent.  d) Consent to the placing on the market of  a product may be deemed to be consent to the placing on the  market of a larger device incorporating it, if this is the  only commercially reasonable use.},
      doi = {https://doi.org/10.1093/grurint/ikad093},
      recid = {49104},
      pages = {1 online resource (pages  1068–1073)},
}