This judgment relates to an inquiry into damages for patent infringement, following the defendants’ submission to judgment on liability in the main proceedings. In it, following consideration of a number of heads of damage claimed by the patentee, Xena Systems Limited (“Xena”), His Honour Judge Birss QC awarded damages in the amount of £233,986.76 for the total lost income caused by the defendants’ patent infringement together with interest losses at 8% for a certain period.
The patent-in-suit, EP (UK) 1 392 939, owned by Xena, concerns an improved type of rolling platform used in the construction industry (e.g. to allow materials to be loaded on and off by crane). Another, non-infringing, type of platform used in the construction business is known as a “fixed” platform. At the start of the period relevant to infringement (which was 2006-2007), Xena was the market leader in loading platforms in the UK. It hired out (but did not sell) both rolling and fixed platforms. Its only other competitor at the time in relation to rolling platforms was a company called Cranetech, which sold or hired non-infringing rolling platforms.