§ 945 ZPO – Ausweitung der Haftung der Originatoren bei später widerrufenem Patent?, GRUR 4/2024 (Stief/Meyer)

In a recent article published in GRUR 2024, 182 et seqq., Dr. Marco Stief and Dr. Christian Meyer discuss the Glatirameracetat decision of the Higher Regional Court of Düsseldorf from the perspective of the originator’s liability when enforcing a preliminary injunction based on a patent that was later revoked. The court upheld the generic company’s claim for compensation for lost profits and the value of the destroyed goods under Section 945 of the German Code of Civil Procedure (ZPO), whereby the originator company was at fault. The decision addresses the existing imbalance between originator and generic companies following an unlawful enforcement of a preliminary injunction and offers possible solutions. The appeal to the Federal Supreme Court was granted to clarify further practical legal questions.