Abbott & Anor v Design & Display Ltd & Anor [2017] EWHC 2975 (IPEC) (22 November 2017)

Abbott & Anor v Design & Display Ltd & Anor [2017] EWHC 2975 (IPEC) (22 November 2017)

Design & Display was entitled to deduct apportioned wages, salaries, NICs (except directors' NICs), and hired/recharged labour as overheads from profits, as these costs supported both infringing and non-infringing businesses and were evidenced as such. Directors' NICs and dividends to directors other than Mr and Mrs...

Source-derived case information.

Citation
[2017] EWHC 2975 (IPEC)
Parties
Claimant: OOO Abbott; Claimant: Godfrey Victor Chasmer; Defendant: Design & Display Limited; Defendant: Eureka Display Limited
Jurisdiction
England and Wales
Judgment Date
22 November 2017
Procedural Posture
Patent Infringement/account of Profits / Post Trial Determination of Quantum and Costs
Outcome
Claim for further profit by Abbott dismissed; Design & Display treated as successful party; permission to appeal refused.
Legal Topics
Account of Profits, Overhead Deductions, Patent Infringement, Costs, Permission to Appeal
Intellectual Property Patent Law Account of Profits Overhead Deductions Patent Infringement Costs Permission to Appeal

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Summary, issues, holding and outcome

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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 / Post Trial Determination of Quantum and Costs

Legal Issues

  1. 1 Whether certain overheads and costs are deductible from profits in an account of profits for patent infringement
  2. 2 Whether directors' NICs and dividends are deductible
  3. 3 Entitlement to costs and whether costs caps should be lifted

Ratio Decidendi

Design & Display was entitled to deduct apportioned wages, salaries, NICs (except directors' NICs), and hired/recharged labour as overheads from profits, as these costs supported both infringing and non-infringing businesses and were evidenced as such. Directors' NICs and dividends to directors other than Mr and Mrs Lloyd were not deductible due to lack of evidence that they reflected market rates or related to the infringing business. Design & Display made a small loss or nil profit on the infringing business. As the successful party, Design & Display was entitled to its costs, but costs caps would not be lifted. Permission to appeal was refused as there was no real prospect of success.

Court Disposition

Claim for further profit by Abbott dismissed; Design & Display treated as successful party; permission to appeal refused.

Orders

  • Design & Display entitled to its costs, subject to usual caps.
  • Abbott to pay £20,000 on account of costs of appeal.