Calculating Damages When a Contract Is Performed in a Patent-Free Foreign Country.

Journal article

1 electronic resource (page 257-261)

Extract Patent Act Secs. 9, 139(2); Civil Code Sec. 249 Bb – Verdampfungstrockneranlage [Evaporation Dryer System] Official headnotes (translated from the German by David Wright-Policepayeh) 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.

Crossref

GRUR International ; 74, 3, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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