FR – Biogaran v. Laboratoires Negma / Damages

Posted: April 11th, 2014

Biogaran v. Laboratoires Negma, Laboratoire Medidom, cour d’appel de Paris, 31 January 2014, Docket № 12/05485, with thanks to Marta Mendes Moreira, Sophie Place and Céline Ruste, Véron & Associés, for providing the judgmen as well as a translation thereof and a summary in English Claimant to pay €3,650,000 of damages for an interim injunction on […]


UK – Virgin Atlantic v Zodiac / Supreme Court

Posted: September 12th, 2013

Virgin Atlantic v Zodiac Virgin Atlantic Airways Limited v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited), UK Supreme Court, 3 July 2013, [2013] UKSC 46 This judgment of the Supreme Court fundamentally changes the approach of the UK courts to the award of damages in patent cases, where the patent is subsequently […]


UK – Xena Systems v. Cantideck and Conquip Industrial

Posted: January 21st, 2013

Xena Systems Limited v. (1) Cantideck (2) Conquip Industrial, Patents County Court, HH Judge Birss QC, London, UK, 18 January 2013, Case No. [2013] EWPCC 1 This judgment relates to an inquiry into damages for patent infringement, following the defendants’ submission to judgment on liability in the main proceedings. In it, following consideration of a […]


UK – Hollister v Medik Ostomy

Posted: November 15th, 2012

Hollister Incorporated and Dansac A/S v Medik Ostomy Supplies Limited, 9 November 2012, Court of Appeal, Case No. A3/2012/0331 and 0334 In an important decision for the assessment of compensation for infringement of intellectual property rights, the Court of Appeal in London has held that when calculating an “account of profits” it is not permissible […]


ES – ROS Roca v. Envac Centralsug

Posted: October 18th, 2012

ROS Roca S.A. v. Envac Centralsug Aktiebolag, Supreme Court, Barcelona, Spain, 17 October 2012, Case No. 431/2012, with thanks to Luis Fernández-Novoa and Álvaro Velázquez, Hoyng Monegier, for sending in the judgment and a summary in English  "The Spanish Supreme Court decided on a much debated point of Patent Law in Spain which had been […]


BE – Claim for “guiding surface” is not limited to shape depicted in drawing

Posted: March 6th, 2012

Germeau Carrière v. Core Distribution and Urban Sporting Goods, expedited proceedings on the merits, Liège court of appeal, Belgium, 21 February 2012, case number 2010/RG/1369   The respondents (Core Distribution and Urban Sporting Goods) are the co-proprietors of a European patent for an “extending ladder and associated manufacturing methods” (EP 1 448 865).  One of the […]


SE – Time Bar for Damage Claims Clarified

Posted: February 27th, 2012

The Swedish Supreme Court Clarifies the Law on Time Bar for Damages Claims, by Erik Ficks, Roschier The caseThe Swedish Supreme Court recently had the opportunity to provide guidance on the issue of time bar for damages claims in patent infringement cases (NJA 2011 s. 270). The case concerns a long-standing patent dispute between Lely […]


FR – Biogaran v. Negma: Compensation of damages caused by an interim injunction on a patent later found to be invalid

Posted: February 24th, 2012

Biogaran v. Laboratoire Medidom, Laboratoires Negma, Tribunal de grande instance (3rd chamber, 3rd division), Paris, 27 January 2012, Case No. 09/17355, with thanks to Sabine Age and Marta Mendes Moreira, Veron & Associes, for sending in the judgment, summary and translation in English A patentee who has obtained an interim injunction from a court to […]


DE – Calculation of damages for patent infringement on the basis of a substantially “increased” royalty rate

Posted: June 15th, 2011

Calculation of damages for patent infringement on the basis of a substantially "increased" royalty rate District Court Munich I, Germany, 25. March 2010, Case No. 7 O 17716/09 The District Court Munich I had to decide on a damages complaint based on patent infringement. The starting point of the decision is the so far well-established […]