Decision Keyword:
Digestion device
Law applied:
German Patent Act (PatG) Section 139 para. 2
German Civil Code (BGB) Sections 195, 197 (1) no. 3, Sections 242 Be, 249 Bb, 259, 852
Summary (Machine translation):
An accessory claim for information and accounting based on Section 242 BGB does not become time-barred before the main claim, the enforcement of which it serves (confirmation of BGH, judgment of July 25, 2017 - VI ZR 222/1 6, NJW 2017, 2755, para. 8 et seq.; judgment of September 3, 2020 - III ZR 136/18, NJW 2021, 765, para. 55).
This also applies if the main claim has been legally established and is therefore subject to a limitation period of thirty years in accordance with Section 197 (1) No. 3 BGB.
In the case of compound devices of which only a part is patented, the claim for information and accounting to enforce the claim for damages also extends in principle to the turnover and profits achieved with the overall device (continuation of BGH, judgment of May 30, 1995 - X ZR 54/93, GRUR 1995, 578, 579 - Steuereinrichtung II).
BGH, Judgment of October 8, 2024 – X ZR 145/23 – OLG Munich (Higher Regional Court) - LG Munich I (Regional Court)
Download Judgment (machine translation)
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