Calculation of Damages for Patent Infringement Based on Infringer’s Profits Get access Arrow.

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1 electronic resource (page 61-65)

Patent Act, Secs. 9, 10, 139(2), 141 second sentence; Civil Code, Secs. 242 Cb, 259, 852 first sentence – Polsterumarbeitungsmaschine [Cushioning Conversion Machine] Official headnotes (translated from the German by David Wright-Policepayeh) a) When using the profit made by the infringer as the basis for the calculation of the damage incurred by the right holder due to the infringement of a patent, all profits causally related to the infringement of the patent must as a matter of principle be taken into account (confirmation of Federal Supreme Court judgment, 29 May 1962 – I ZR 132/60, GRUR 1962, 509 – Dia-Rähmchen II). b) This includes profits from additional transactions that do not constitute an act of use within the meaning of Sec. 9 or Sec. 10 Patent Act, but whose conclusion is causally related to patent-infringing acts and has a sufficient connection to the infringing object. c) When calculating the damage caused by acts of use during the term of the patent, account must also be taken of processes that led to (additional) damage only after the expiry of the patent.

Crossref

GRUR International ; 74, 1, 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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