Ottobock SE & Co. KGaA v. BrainPortfolio Inc. and BrainRobotics Inc.
The Unified Patent Court's Düsseldorf local division ruled on a case concerning European Patent EP 3 001 984 B1 filed by Ottobock SE & Co. KGaA against BrainPortfolio Inc. and BrainRobotics Inc. The patent relates to a method for controlling an orthopedic joint. Ottobock alleged patent infringement on grounds that the defendants were marketing a knee system ('Kneuro microprocessor') that infringed on their patent in Germany and other parts of Europe. The court addressed whether the plaintiff fulfilled the burden of proving awareness of the infringing product and its patent-violating characteristics in a timely fashion. No counterclaim was filed by the defendants.