The German Federal Supreme Court decides on transit of patent infringing items

In a decision of June 25, 2014 (X ZR 72/13) the German Federal Supreme Court confirmed its view that the mere transit of patent infringing items does not constitute patent infringement because it is not an import for marketing purposes in the Federal Republic of Germany. Even questions of import taxation are of no relevance in that context. A patent infringing activity is only in place as soon as there is a sale in Germany or the item has been imported to that purpose; whether or not this is the case must be decided on a case by case basis.