Damages and statute of limitations - German Federal Supreme Court, decision of March 26, 2019 - X ZR 109/16

In a very recent decision (rendered on March 26, 2019) X ZR 109/16 the German Federal Supreme Court held that the patentee is also entitled to claim the infringer’s profit for the period of time falling under the statute of limitations. Accordingly, the infringer needs to provide accounting as regards the generated profits and the costs accrued, and also needs to provide information as regards the scope of advertising made for the infringing product. The German Federal Supreme Court confirms a holding of the Court of Appeals Karlsruhe. So far, it was not clear to what extent damages need to be paid for the period of time when the statute of limitation applies. This is now decided patentee-friendly.