565. Damages or profits.

565.     Damages or profits.

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