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.
For further information, please contact Hendrik Fügemann or Claire Foley Danielsson