Abstract
Abstract Germany is a prominent jurisdiction for patent litigation. After a long and controversial discussion between stakeholders, the legislator amended the law on injunctive relief in summer 2021 and introduced a statutory disproportionality exception. This article gives an overview of the background to the reform and describes and analyses its implementation, the methodology to assess disproportionality, and the relation to the law on compulsory licensing as well as the special regime for standard-essential patents. The paper focuses particularly on the most controversial ground for denying an injunction: third-party interests in the infringing implementation of the invention.
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