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<p><OrderedList> <ListItem> <ItemNumber>(a)</ItemNumber> <ItemContent> <p>Profits from the performance of a contract, which is causally related to a patent-infringing offer, may not be disregarded when calculating the damage caused by this offer simply because the acts carried out in the performance of this contract took place in a patent-free foreign country.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>(b)</ItemNumber> <ItemContent> <p>If there is a sufficient causal connection, the injured party is generally free to calculate his damages on the basis of its own lost profit or a reasonable licence fee.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>(c)</ItemNumber> <ItemContent> <p>In the event of a patent infringement, the defence that the same economic effect could also have been achieved by non-infringing acts cannot in principle lead to the exclusion of a claim for damages.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>(d)</ItemNumber> <ItemContent> <p>The calculation of damages on the basis of a reasonable licence fee is not excluded simply because there is no relevant licensing practice in the industry.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>(e)</ItemNumber> <ItemContent> <p>From the point of view of a commercially minded right holder, the low level of protection provided by a prohibition relating solely to the offering is not a sufficient reason to authorise offers in Germany free of charge and thus to waive part of the protection to which he is entitled.</p> </ItemContent> </ListItem> </OrderedList></p>

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“Evaporation Dryer System [Verdampfungstrockneranlage]”

  • 期刊论文

  • 发表日期：

    2025年3月11日

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摘要

(a)

Profits from the performance of a contract, which is causally related to a patent-infringing offer, may not be disregarded when calculating the damage caused by this offer simply because the acts carried out in the performance of this contract took place in a patent-free foreign country.

(b)

If there is a sufficient causal connection, the injured party is generally free to calculate his damages on the basis of its own lost profit or a reasonable licence fee.

 (c)

In the event of a patent infringement, the defence that the same economic effect could also have been achieved by non-infringing acts cannot in principle lead to the exclusion of a claim for damages.

 (d)

The calculation of damages on the basis of a reasonable licence fee is not excluded simply because there is no relevant licensing practice in the industry.

 (e)

From the point of view of a commercially minded right holder, the low level of protection provided by a prohibition relating solely to the offering is not a sufficient reason to authorise offers in Germany free of charge and thus to waive part of the protection to which he is entitled.