The German Federal Supreme Court (BGH) recently issued a decision (X ZR 60/06) that makes it clear that the patent owner's right to choose the best method of calculating damages in an infringement suit ends when a first relevant court decision comes into force. This is true even if the patent owner has exercised his right to choose before the court decision comes into force. The BGH stated that, at a specific time, the infringer has to know the extent of the liability. The infringer has to be able to plan for the future and has to be able to calculate the amount of reserves to be set aside.