In Germany, court fees and statutory attorney fees are calculated based on the so-called litigation value. In the case of monetary claims, the litigation value is simply the amount claimed. But what is the litigation value of a patent nullity lawsuit, by which the plaintiff demands that a patent be declared invalid? The Federal Court of Justice developed a line of case law on this topic with decisions named Nullity Litigation Value I et seqq. Finnegan partner Moritz Meckel summarizes the takeaways from the most recent of these decisions, Nullity Litigation Value IV.
Read “Remarks on the decision ‘Nichtigkeitsstreitwert IV’ by the German Federal Court of Justice on the Fixing of a Litigation Value in Patent Nullity Proceedings,” GRUR-Prax 2022, 171
