The Federal Court of Justice has dealt with the important question of how the amount in dispute in patent nullity proceedings is to be determined with regard to a standard-essential patent. In principle, the amount in dispute is to be determined in the same way as for a “normal” patent. The Federal Court of Justice held that the mere fact that a standard-essential patent is involved does not justify a deviation upward from the usual practice of determining the amount in dispute.
Case date: 11 May 2021
Case number: X ZR 23/21
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.