Abbott & Anor v Design & Display Ltd & Anor [2017] EWHC 932 (IPEC) (26 April 2017)

Abbott & Anor v Design & Display Ltd & Anor [2017] EWHC 932 (IPEC) (26 April 2017)

Abbott is entitled to the whole of Design & Display's profit on 10% of sales of panels and inserts where the invention was the essential feature, and to the profit on the relevant inserts plus 10% of the profit on the panel for the remaining 90% of sales. Design & Display is entitled to deduct general overheads apportioned by sales revenue, but not directors' emoluments due to lack of evidence justifying them as overheads. Rent is deductible as an overhead. Delivery charges are to be treated as general overheads.

Citation
[2017] EWHC 932 (IPEC)
Parties
Claimant: OOO Abbott; Claimant: Godfrey Victor Chasmer; Defendant: Design & Display Limited; Defendant: Eureka Display Limited
Jurisdiction
England and Wales
Judgment Date
26 April 2017
Procedural Posture
Patent Infringement Account of Profits / Remitted Issues Following Court of Appeal Decision
Outcome
Partially in favour of claimants; principles for calculation of profits and deductions determined.
Legal Topics
Account of Profits, Patent Infringement, Overhead Deductions, Apportionment of Profits, Convoyed Goods
Intellectual Property Patent Law Account of Profits Patent Infringement Overhead Deductions Apportionment of Profits Convoyed Goods

Case Brief

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Parties

OOO Abbott

Claimant

Godfrey Victor Chasmer

Claimant

Design & Display Limited

Defendant

Eureka Display Limited

Defendant

Procedural Posture

Patent Infringement Account of Profits / Remitted Issues Following Court of Appeal Decision

Legal Issues

  1. 1 What proportion of sales of slatted panels sold with infringing inserts should be included in the account of profits?
  2. 2 What deductions for general overheads may the defendant make in its account of profits?

Ratio Decidendi

Abbott is entitled to the whole of Design & Display's profit on 10% of sales of panels and inserts where the invention was the essential feature, and to the profit on the relevant inserts plus 10% of the profit on the panel for the remaining 90% of sales. Design & Display is entitled to deduct general overheads apportioned by sales revenue, but not directors' emoluments due to lack of evidence justifying them as overheads. Rent is deductible as an overhead. Delivery charges are to be treated as general overheads.

Court Disposition

Partially in favour of claimants; principles for calculation of profits and deductions determined.

Orders

  • Design & Display to pay Abbott profits as determined by the principles set out in the judgment.
  • Parties to calculate the precise sum due based on these principles.