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  • Gottfried Schüll

No disproportionality: First decision on new injunctive relief in Germany (Sunroof)

In Case 4b O 7/22, the Düsseldorf District Court dealt with the application of the new amended injunctive relief (Section 139, Paragraph 1, Sentence 3) under the German Patent Act.

According to this decision, the objection of disproportionality under Sec. 139 (1), 3rd sentence, German Patent Act requires an assessment of the overall circumstances of the individual case. A careful weighing of all circumstances of the individual case, taking into account the requirement of good faith and the fundamentally predominant interests of the patent owner in enforcing his right to injunctive relief is required. In this context, a defendant cannot successfully rely on the fact that the plaintiff prohibits the delivery of the challenged embodiment, although the plaintiff itself cannot deliver, which would cause a considerable collateral damage to third parties. According to the Düsseldorf Regional Court, this is precisely the necessary consequence of an unlawful patent infringement for which the defendant is liable.