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les Nouvelles - September 2006


Calculation of Compensation According to License Analogy

Heinz Goddar

Patent Attorney, BOEHMERT & BOEHMERT, Munich, Germany

At the time when the mode of calculation termed license analogy was introduced in German legal practice intensive discussions immediately set in as to the ratio something else than 1:1. which should be applied between the royalty rate payable by a condemned patent infringer in accordance with license analogy and a customary royalty rate assumed in a fictitious license agreement relating to the technology in question. A helpful overview of corresponding case law particularly jurisdiction by the highest German court can be found in Benkard Patentgesetz 9th edition marginal nos. 63 71 in respect of 139 PatG (German patent law).

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