(1) In the case of a consensual settlement of a damages claim under Section 33a(1), the claim of the settling injured party against the settling co-infringer shall be reduced by the latter's share of the harm that the infringement inflicted upon the settling injured party, unless agreed otherwise. The non-settling co-infringers shall be liable to pay damages only for the harm that remains after the deduction of the settling co-infringer's share. The settling injured party may claim the remaining damages from the settling co-infringers only where the non-settling co-infringers are unable to pay the remaining damages in full. Sentence 3 shall not apply if the settling parties have excluded its application under the terms of the consensual settlement.
(2) Co-infringers that have not entered into the consensual settlement under subsection (1) shall not be permitted to demand compensation under Section 33d(2) from the settling co-infringer for the remaining amount of damages payed to the settling injured party after the deduction of the settling co-infringer's share.