A recent decision of the Higher Regional Court (Oberlandesgericht) Düsseldorf now confirms that a holding company cannot easily dive away under the patent infringing activities of its subsidiaries…
The Mannheim Regional Court decided on March 8, 2013 (court docket: 7 O 139/12) that a supplier which is located abroad is regularly only liable for participating in patent-infringing acts in Germany…
The Court of Appeal held that the duty to compensate the successful party's legal costs in intellectual property proceedings, pursuant to Art. 14 of the Enforcement directive, also applies to…
The Court of Appeal of Liège confirmed the President of the Commercial Court's finding that the appellant had committed patent infringement, and ordered the reimbursement of costs of the saisie…
The Supreme Court held that the relevant date of a patent's enforceability, in case a Spanish translation is required for such enforceability, is the date of announcement of the grant of the patent…
Historically, damages used to be calculated in the so-called "execution" (i.e. enforcement) phase of the proceedings, i.e. a second phase of the proceedings aimed at implementing the declarations and…
Since French Act No. 2007-1544 of 29 October 2007, which implemented Directive No. 2004/48/EC into French law, it is expressly stated in Article L. 615-1 of the French Intellectual Property Code (IPC…
by Hetti Hilge
The German Federal Supreme Court (BGH) confirmed that the patent owner may recover the infringer’s profit in so far, and only in so far, as it results from the use of the patent (BGH,…
The amount of its profit the infringer will have to pay to the patentee as damages is calculated solely based on the profit earned by use of the intellectual property right. To determine this profit…
