Patent case: Nichtigkeitsstreitwert III, Germany

The Federal Court of Justice has dealt with the important question of how the amount in dispute in patent nullity proceedings is to be determined with regard to a standard-essential patent. In principle, the amount in dispute is to be determined in the same way as for a "normal" patent. The Federal Court of Justice held that the mere fact that a standard-essential patent is involved does not justify a deviation upward from the usual practice of determining the amount in dispute.

Case date: 11 May 2021

Case number: X ZR 23/21

Court: Federal Court of Justice of Germany

A full summary of this case has been published on Kluwer IP Law.