@article{49104,
      recid = {49104},
      title = {Covenants to Be Sued Last and Exhaustion of Patent  Rights.},
      pages = {1 online resource (pages  1068–1073)},
      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.},
      url = {http://tind.wipo.int/record/49104},
      doi = {https://doi.org/10.1093/grurint/ikad093},
}