Abbott and Chasmer v Design & Display and Eureka Display, Intellectual Property Enterprise Court, UK, Case no.  EWHC 2924 (IPEC)
This decision concerned an assessment of an account of profits following an earlier decision that the claimants’ European Patent (UK) No. 1 816 931 was valid and infringed. Whilst the judgment is very fact specific, it does set out a useful summary of the case law applicable to accounts of profits and enquiries as to damages in the UK and their application to matters such as whether general overheads can be offset against the profits to be paid to the patentee.
Read the decision here.
Head note: Graham Burnett-Hall, Marks&Clerk Solicitors