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 the basis of a license only when the patentee does not exploit its patent itself. If, on the contrary, it exploits its patent itself, the loss corresponds to the profit it could not make because of the infringement.
Springboard effect - by using the same references as the infringing apparatuses for the modified apparatuses, Waters intended to place them in the former’s wake and thus continue to enjoy the commercial advantage these apparatuses had unduly brought them.
Read the judgment (in French) here.Read the judgment (in English) here.