A successful claimant in proceedings for infringement of a patent may claim damages in respect of the infringement1 or an account of the profits derived by the defendant from the infringement2, but the court may not, in respect of the same infringement, both award damages and order an account of profits3.
An inquiry as to damages or account of profits is usually taken by a master, but, if difficult or complex questions are involved, may be taken by the patents judge in court4. The procedure is by way of written contentions supported by witness statements, supplemented by cross-examination of the
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Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
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