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11 October 2007 / Robert Renfree
Issue: 7292 / Categories: Features , Damages , Intellectual property
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Assessing the damage

How will the IP Enforcement Directive affect damages for IP infringement? asks Robert Renfree

Few intellectual property (IP) cases proceed to a damages assessment. Usually the court will only order a damages inquiry after liability is established at trial. A damages inquiry is a substantial exercise, requiring expert accounting evidence. IP rights holders are often more interested in stopping the infringing act by obtaining a rapid injunction than in spending time and money trying to establish what their damages entitlement is, particularly where the infringer has limited finances.

Ultraframe (UK) Ltd v Eurocell Building Plastics Ltd [2006] EWHC 1344 (Pat), [2006] All ER (D) 68 (Jun) demonstrates the principles applied when damages are assessed. Ultraframe manufacture conservatories. They developed a conservatory called Ultralite. Ultralite enabled Ultraframe’s share of the low pitch conservatory market to grow from 5% to 80%. In 2002 Eurocell launched a competing product, Pinnacle. Ultraframe issued proceedings alleging that Pinnacle had infringed Ultraframe’s patent and unregistered design rights for Ultralite. After an appeal to the Court of Appeal, it was established

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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