Kernrechtsfrage
Whether the defendant’s offering of its machines amounted to patent infringement by participation in a patented process under Art. 66 lit. d PatG
Extrahierter Entscheid
No infringement was proven because the defendant did not advertise a blocking of the compensating disk or otherwise promote use of the machines in the patented manner, and there was no finding that buyers actually used them that way or that the defendant knew of such use.
Extrahierte Begründung
Patent participation requires either inducement or facilitation of an actual or impending direct infringement. The record showed only instructions for setting thread tension, not an instruction to block the compensating disk. Without proof of patent-infringing use or knowledge thereof, neither inducement nor facilitation was established.