AP Racing Ltd v Alcon Components Ltd

AP Racing Ltd v Alcon Components Ltd

AP Racing is entitled to damages for 735 lost caliper sales at 25% profit, profits from convoyed sales with causative link, and no damages under the user principle for calipers not resulting in lost sales; interest awarded at 2% above base rate.

Source-derived case information.

Parties
Claimant: AP Racing Limited; Defendant: Alcon Components Limited
Jurisdiction
England and Wales
Judgment Date
28 January 2016
Procedural Posture
Inquiry as to Damages / Judgment
Outcome
Damages awarded to claimant
Legal Topics
Patent Infringement, Damages Assessment, Convoyed Sales, User Principle, Interest on Damages
Intellectual Property Patent Law Patent Infringement Damages Assessment Convoyed Sales User Principle Interest on Damages

Source-derived case record

Summary, issues, holding and outcome

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Parties

AP Racing Limited

Claimant

Alcon Components Limited

Defendant

Procedural Posture

Inquiry as to Damages / Judgment

Legal Issues

  1. 1 Assessment of damages for patent infringement
  2. 2 Lost profits from caliper sales
  3. 3 Lost profits from convoyed sales

Ratio Decidendi

AP Racing is entitled to damages for 735 lost caliper sales at 25% profit, profits from convoyed sales with causative link, and no damages under the user principle for calipers not resulting in lost sales; interest awarded at 2% above base rate.

Court Disposition

Damages awarded to claimant

Orders

  • AP Racing awarded £494,564 in damages
  • Interest to be determined at 2% above base rate, subject to submissions