DE – Vollstreckungsschaden

Dusseldorf Appeal Court, Germany, 25. March 2010, Case No. I-2 U 142/08

The owner of a patent related to a manufacturing method won the first instance patent infringement proceedings against the defendant. This decision was appealed and thus, the first instance decision did not become final. In the meantime, the patent owner offered negotiations and emphasized its ability to enforce the cease and desist order of the non-final first instance decision, if the negotiations should fail. The defendant took a license for EUR 1.5 Million on an alternative manufacturing method from a third party to avoid the use of the patent and to avoid potential negative consequences if the first instance infringement decision would be enforced. Later on, the negotiations failed, the patent was revoked and also the first instance decision on infringement was annulled. The defendant was then requesting damages from the patent owner for the license costs on the alternative manufacturing method.