UPC CFI, LD Hamburg, 11 February 2026: Claim for damages for loss of profits dismissed because of lack of substantiation
06-06-2026 Print this page
Claims for damages for loss of profits (Article 68 UPCA, Article 13 Enforcement Directive).
National law applies to a claim for damages for loss of profit where the facts of the case were established before the Unified Patent Court came into force on 1 June 2023.
When claiming loss of profit due to a price reduction, it must be possible to establish that, in the ordinary course of events or in the light of the particular circumstances, the profit would likely have been made.
In this regard, the offer must be assessed for its reasonableness, taking all circumstances into account. The possibility of an alternative offer from the infringer must be taken into account in the assessment if it is established that the client would in any event have requested a further offer.
Since both national (German) law on damages and the UPCA are based on Directive 2004/48/EC (the Enforcement Directive), there should be no differing outcomes in the present case when assessing a claim for damages for loss of profit.
