Damage awards in Germany are based on the patentees lost profits if these can be determined, otherwise on the infringers' actual profits or a normal license fee. There is no provision for increasing the award in cases of willful infringement. The prevailing party will, however, be able to cover the costs that were necessarily incurred in bringing the action. Such fees include attorney fees, court fees and necessary expert's fees. The limitation period for damage claims is three years from the date on which the plaintiff first knew of the infringement and is subject to a general prescription requirement that the action must be brought within 30 years of the date on which the infringement actually occurred

http://www.ladas.com/Litigation/Fore...

As we don't have "lost profits" nor a "normal license fee" all that remains is "infringers' actual profits" on which to base damages claims, in my very humble opinion.

Be well