Litigation value in patent matters

In an important patent case the plaintiff has announced to the Court that the litigation value is € 5 million which was not disputed by the defendant. Court fees have been paid on that basis. The District Court of Düsseldorf has – on its own motion – increased the litigation value to € 30 million and claimed additional court fees calculated on the basis of the higher litigation value. This decision was confirmed by the Higher Regional Court of Düsseldorf. The reasoning is that the Court is not willing to accept that parties “save” court fees in patent matters to the disadvantage of the state.