OOO Abbott & Anor v Design & Display Ltd & Anor

OOO Abbott & Anor v Design & Display Ltd & Anor

The account of profits extends to profits from sales of panels incorporating infringing inserts, as the inventive concept is embodied in both the insert and its interaction with the panel. Only direct costs, such as labour for slot cutting, are deductible; general overheads are not deductible as the defendant failed to prove increased overheads or opportunity cost. The s.62(1) defence was not available as it was raised too late and not substantiated.

Parties
Claimant: OOO Abbott; Claimant: Godfrey Victor Chasmer; Defendant: Design & Display Limited; Defendant: Eureka Display Limited
Jurisdiction
England and Wales
Judgment Date
04 September 2014
Procedural Posture
Account of Profits Following Patent Infringement Judgment / Judgment on Account of Profits
Outcome
Account of profits ordered against Design & Display Limited for profits from sales of infringing inserts and panels incorporating them, with limited deductions allowed.
Legal Topics
Account of Profits, Patent Infringement, Allowable Deductions, Causation and Remoteness, Scope of Inquiry, Section 62(1) Patents Act 1977
Intellectual Property Patent Law Account of Profits Patent Infringement Allowable Deductions Causation and Remoteness Scope of Inquiry Section 62(1) Patents Act 1977

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Parties

OOO Abbott

Claimant

Godfrey Victor Chasmer

Claimant

Design & Display Limited

Defendant

Eureka Display Limited

Defendant

Procedural Posture

Account of Profits Following Patent Infringement Judgment / Judgment on Account of Profits

Legal Issues

  1. 1 What is the length and sales price of infringing aluminium extrusions sold?
  2. 2 Are claimants entitled to profits from sales of slatted panels with infringing inserts?
  3. 3 What are the quantities and sales prices of such panels?

Ratio Decidendi

The account of profits extends to profits from sales of panels incorporating infringing inserts, as the inventive concept is embodied in both the insert and its interaction with the panel. Only direct costs, such as labour for slot cutting, are deductible; general overheads are not deductible as the defendant failed to prove increased overheads or opportunity cost. The s.62(1) defence was not available as it was raised too late and not substantiated.

Court Disposition

Account of profits ordered against Design & Display Limited for profits from sales of infringing inserts and panels incorporating them, with limited deductions allowed.

Orders

  • Account of profits to include profits from sales of panels with incorporated infringing inserts.
  • 10% deduction allowed for scrap on incorporated inserts; no deduction for alleged discount.