July 7, 2022
GRUR-Prax
If a patent owner wants to claim damages from an infringer, he bears the burden of proof for the facts substantiating the amount to be claimed. Further, he has a legitimate interest in learning about the delivery chain of infringing products both up- and down-stream from any particular infringer. However, unlike the US, the German legal system does not foresee any court-supervised fact-finding procedure such as discovery. Instead, the patent owner has a claim for information on the delivery chain and rendering of accounts regarding the acts of patent infringement. This claim is usually asserted in a first round of infringement litigation, together with a request for an injunction.
The District Court in Munich (“Landgericht München I”) now decided that the data owed shall be provided to the patentee also in a computer-readable format, even if the infringer has these data only on paper. The infringer therefore shall make them computer-readable. Finnegan partner Moritz Meckel summarizes the court decision dated 12 November 2021, file ref. 21 O 10885/16.
Originally printed in GRUR-Pax on July 7, 2022. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm’s clients.
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