Abbott & Anor v Design & Display Ltd & Anor

Abbott & Anor v Design & Display Ltd & Anor

Design & Display was entitled to deduct apportioned wages, salaries, NICs, and hired/recharged labour costs as overheads from profits, as these supported both infringing and non-infringing business and were supported by evidence. Directors' NICs and dividends were not deductible due to lack of evidence that they related to the business contribution. Design & Display made a small loss or nil profit on the infringing business. Design & Display is entitled to its costs, subject to the usual caps. Permission to appeal is refused as there is no real prospect of success.

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
Intellectual Property Patent Infringement / Post Trial Judgment on Account of Profits, Costs, and Permission to Appeal
Outcome
Claim for account of profits results in nil or very small amount due to loss on infringing business; costs awarded to Design & Display, subject to caps; permission to appeal refused.
Legal Topics
Patent Infringement, Account of Profits, Overhead Deduction, Costs, Permission to Appeal
Intellectual Property Civil Procedure Patent Infringement Account of Profits Overhead Deduction Costs Permission to Appeal

Case Brief

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Parties

OOO Abbott

Claimant

Godfrey Victor Chasmer

Claimant

Design & Display Limited

Defendant

Eureka Display Limited

Defendant

Procedural Posture

Intellectual Property Patent Infringement / Post Trial Judgment on Account of Profits, Costs, and Permission to Appeal

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 Whether the defendant is entitled to costs and if costs caps should be lifted

Ratio Decidendi

Design & Display was entitled to deduct apportioned wages, salaries, NICs, and hired/recharged labour costs as overheads from profits, as these supported both infringing and non-infringing business and were supported by evidence. Directors' NICs and dividends were not deductible due to lack of evidence that they related to the business contribution. Design & Display made a small loss or nil profit on the infringing business. Design & Display is entitled to its costs, subject to the usual caps. Permission to appeal is refused as there is no real prospect of success.

Court Disposition

Claim for account of profits results in nil or very small amount due to loss on infringing business; costs awarded to Design & Display, subject to caps; permission to appeal refused.

Orders

  • Design & Display entitled to deduct apportioned wages, salaries, NICs, and hired/recharged labour costs as overheads.
  • Directors' NICs and dividends not deductible.