- Patents—inquiry as to damages—are damages due for overseas sales when infringement is based on a UK patent? (Anan Kasei Co Ltd v Neo Chemicals)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: This Patents Court judgment is the culmination of a series of reported hearings (on confidentiality, disclosure and the like) in an inquiry as to damages, following a finding of patent infringement against the defendants, including Neo Chemicals. The judgment covers interesting and critical aspects of calculating damages (under different headers) and/or an account of profits in patent infringement cases. While the court answered certain issues in favour of the claimant in these proceedings, the decision was largely in favour of the defendants, as the claimant was unable to recover the large amount of damages that it initially intended to seek (circa €24m). Written by Lakmal Walawage, associate (IP) at JMW Solicitors LLP.
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