Automatic injunctive relief in German patent law shifts bargaining power between a patentee (plaintiff) and a defendant to the patentee. This will impact both settlement behaviour and the settlement payment. However, the economic value of the defendant’s product and the financial damage due to injunction – as opposed to the economic value of the invention – will govern the settlement outcome. We examine one case study and find the estimated settlement payment exceeds the value of the invention by more than ten thousand.
New study: Economic Implications of Automatic Injunctions Under German Patent Law
August 13, 2019