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 […]


UK – Les Laboratoires Servier v. Apotex / damages

Posted: March 29th, 2011

Les Laboratoires Servier, Servier Laboratories Limited v. Apotex Inc, Apotex Pharmachem Inc, Apotex Europe Limited and Apotex UK Limited, High Court of Justice, Chancery Division, Patents Court, London, UK, 29 March 2011, Case No. [2011] EWHC 730 (Pat) The issue decided in this case is whether a patentee who has obtained an interim injunction from a […]


BE – Iverness Medical / Ulti Med Products – infringement and five year time bar

Posted: June 14th, 2010

Iverness Medical Switzerland v. Ulti Med Products, Commercial court of Ghent, 27 May 2010, Docket number A/08/2023
The Ghent commercial court finds that Ulti Med Products has infringed European patent 291 194 B2 for a specific analytical test device and an analytical method in which this test device is used. Ulti Med did not deny having commercialized the contested product (“D Dimer Test”), but said that …


UK – Virgin Atlantic v. Premium Aircraft

Posted: February 1st, 2010

Virgin Atlantic v. Premium Aircraft, Court of Appeal (Civil Division), London, UK, 21 December 2009, Case No. [2009] EWCA Civ 1513
In previous proceedings, Contour, the defendant, had been found to have infringed Virgin Atlantic’s patent for a specific design of aircraft seats which could be used as beds for long haul flights. In this reported decision, questions relating to, inter alia, a stay of the inquiry as to damages and the terms of the final injunction were before the Court of Appeal.
The Court of Appeal refused Contour’s request


NL – Intervet v. Merial

Posted: December 9th, 2009

Intervet v. Merial, accelerated invalidity proceedings, The Hague District Court, The Netherlands, 9 December 2009, Docket No. 341571 / HA ZA 09-2183, with thanks to Willem Hoyng, Howrey The District Court of The Hague invalidates the Dutch part of three European Patents of Merial concerning the Post-Weaning Multisystemic Wasting Syndrome (PMWS) (a disease common in […]


DE – Druckmaschinen-Temperierungssystem III / invalidity

Posted: July 28th, 2009

Druckmaschinen-Temperierungssystem III (Cooling system for printing machines III), invalidity proceedings (value in litigation), Federal Supreme Court, Germany, 28 July 2009, Docket No. X. ZR 153/04 When assessing the value in litigation of invalidity proceedings, the court has to take into consideration the full amount of the damages claimed by the infringement plaintiff in (parallel) infringement […]


IT – Rheon Automatic Machinery v. Tecno Stamp

Posted: May 22nd, 2009

Rheon Automatic Machinery Co. LTD. v. Tecno Stamp S.R.L., damages proceedings, Venice Court, Italy, 22 May 2009, Docket No. 3469/2004, with thanks to Sandro Hassan, Siblegal The Venice Court discusses the criteria to assess damages for patent infringement. The previous interim judgment in this case, which acknowledged infringement and ordered continuation of the proceedings for […]


IT – Gipron Giuseppe Pronzati v. Masters

Posted: April 23rd, 2009

Gipron Giuseppe Pronzati S.P.A. v. Masters S.R.L., Italian Supreme Court, Italy, 23 April 2009, Docket No. 19688/2009, with thanks to Sandro Hassan, Siblegal The Supreme Court confirms that damages for infringements can only be claimed as from the date on which a patent application was either laid open to the public or formally served upon […]


FR – Agilent & Hewlett- Packard v. Waters

Posted: January 14th, 2009

Agilent Technologies Deutschland GmbH and Hewlett-Packard GmbH v. Waters Corporation and Waters SAS, calculation of damages, Tribunal de Grande Instance, Paris, France, 14 January 2009, Docket No. 97/20725, with thanks to Pierre Véron, Véron & Associés The compensation granted to the patentee for the loss of profit caused by the infringement may be calculated on […]