Claimant v Defendant (Higher Regional Court of Dusseldorf 2 U 90/24)

Procedural record

1. 18 June 2026Germany

   18 June 2026Germany

   Judgment of the Higher Regional Court of Dusseldorf in the case 2 U 90/24 dated 18 June 2026

   Higher Regional Court of Dusseldorf

   Case no.

   2 U 90/24

   Citation

   ECLI:DE:OLGD:2026:0618.2U90.24.00

   Decision summary

   The Higher Regional Court of Dusseldorf dismissed the claimant's appeal against the Landgericht Dusseldorf judgment. It held that the accused LTE-compatible mobile-phone implementation did not use the teaching of patent claim 12, so the claimant was not entitled to information, accounting, or a declaration of liability for damages. The court also ordered the claimant to bear the appeal costs, imposed the intervening party's costs on that party, and refused leave to appeal.

   Participants

   Claimant

   Defendant

   Intervening party

   Higher Regional Court of Dusseldorf

   Authorities cited

   11

   • German Code of Civil Procedure (ZPO)
     statute
   • German Civil Code (BGB)
     statute
   • European Patent Convention
     treaty
   • Federal Court of Justice decision X ZR 14/17 (X ZR 14/17)
     case-law
   • Federal Patent Court decision 4 Ni 6/19 (EP) (4 Ni 6/19 (EP))
     case-law
   • High Court of England and Wales judgment [2015] EWHC 3366 (Pat) ([2015] EWHC 3366 (Pat))
     case-law
   • England and Wales Court of Appeal judgment [2017] EWCA Civ 266 ([2017] EWCA Civ 266)
     case-law
   • High Court of England and Wales judgment [2021] EWHC 1739 (Pat) ([2021] EWHC 1739 (Pat))
     case-law
   • ETSI Technical Specification TS 136 322
     technical standard
   • Computer Networks by Tanenbaum (Computer Networks)
     academic
   • Network Dictionary by Javvin Technologies Inc. (Network Dictionary)
     academic