Flaschentraeger, Federal Court of Justice (Bundesgerichtshof), 24 July 2012
Kluwer Patent Blog
November 22, 2012
Please refer to this post as:, ‘Flaschentraeger, Federal Court of Justice (Bundesgerichtshof), 24 July 2012’, Kluwer Patent Blog, November 22 2012, http://patentblog.kluweriplaw.com/2012/11/22/flaschentraeger-federal-court-of-justice-bundesgerichtshof-24-july-2012/
The amount of its profit the infringer will have to pay to the patentee as damages is calculated solely based on the profit earned by use of the intellectual property right. To determine this profit it must be assessed if, and to what extent this profit was due either to the invention’s technical features embodied in the product, or other relevant factors for the customer’s purchase decision, e.g. the product’s design, the origin, the trademark, the price or other factors effecting the market opportunities thereof that are independent from the patent, taking into account all of the circumstances of the case.
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