German Federal Supreme Court, 18 May 2010, Docket No. X ZR 79/07
The inventor acquires a right in a confidentially materialized teaching of a technical nature when such teaching was made the subject matter of a patent application, independently of the patentability of that subject matter. The applicant or owner of the patent has to surrender to the inventor the value of its use of the invention which he has made in the preferential situation of having knowledge of the invention, and/or of being the applicant or owner of a corresponding patent.
Read the decision (in German) here.
Read the summary (in English) here.
Headnote and summary: Tilman Mueller-Stoy