Remarks On The Decision ‘Duty To Digitalize For Rendering Information And Accounts'

If a patent owner wants to claim damages from an infringer, he bears the burden of proof for the facts substantiating the amount to be claimed. Further, he has a legitimate interest in learning about the delivery chain of infringing products both up- and down-stream from any particular infringer. However, unlike the US, the German legal system does not foresee any court-supervised fact-finding procedure such as discovery. Instead, the patent owner has a claim for information on the delivery chain and rendering of accounts regarding the acts of patent infringement. This claim is usually asserted in a first round of infringement litigation, together with a request for an injunction.