Decision Keyword:
Upholstery converting machine
Law applied:
PatG § 9, § 10, § 139 para. 2, § 141 p. 2
BGB § 242, § 259, § 852 S. 1
Summary:
1. For the calculation of the damage incurred by the right holder due to the infringement of a patent on the basis of the profit made by the infringer, all profits which are causally related to the infringement of the patent must in principle be taken into account (confirmation of BGH, judgment of May 29, 1962 - I ZR 132/60, GRUR 1962, 509 - DiaRähmchen II).
2. This includes profits from additional transactions which do not constitute an act of use within the meaning of § 9 or § 10 PatG, but the conclusion of which is causally related to patent infringing acts and has a sufficient connection to the infringing object.
3. When calculating the damage caused by acts of use during the term of the patent, processes which only led to (additional) damage after the expiry of the patent must also be taken into account.
4. A claim for information and accounting is already given with regard to additional transactions if there is a possibility that the turnover and profits achieved are of significance for the amount of the claim for damages.
5. These principles also apply to claims for damages of the right holder, which can only be asserted to the extent standardized in § 141 sentence 2 PatG and § 852 sentence 1 BGB due to the statute of limitations.
Federal Supreme Court (BGH), Judgment of 14 November 2023 - X ZR 30/21
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