Case Law
Article 68: Award of damages

Court of First Instance - Mannheim (DE) Local Division, Order dated 11/03/2025, Hurom Co., Ltd. v. NUC Electronics Co., Ltd (Case/ Registry number: ORD_11863/2025, ORD_11863/2025)
Example of decision on retrospective scope of information rights: "However, it is in accordance with the principles outlined above, to apply the UPCA as a new rule of law also to future effects of facts that have arisen, but have not become definite before 1 June 2023 […] An overly formalistic view would also have to differentiate between the different acts of use of the invention as it may be argued that a decision to offer the infringing product based on a marketing campaign which started before 1 June 2023 and continues thereafter is inseparable, so that information concerning the campaign has to be rendered based on Art. 67 UPCA for all time periods alike […] However, in order to avoid potential hardship, the party concerned may rely on the provisions of the respective national law in force prior to the entry into force of the UPCA with regard to acts of past use which lie before 1 June 2023."