Abbott & Anor v Design & Display Ltd & Anor [2014] EWHC 3234 (IPEC) (10 October 2014)

Abbott & Anor v Design & Display Ltd & Anor [2014] EWHC 3234 (IPEC) (10 October 2014)

The £500,000 cap in CPR 63.17A applies to the proceedings as a whole, not per defendant. The 'additional amount' under CPR 36.14(3)(d) is not subject to the damages cap as it is not compensatory but incentivises settlement.

Citation
[2014] EWHC 3234 (IPEC)
Parties
Claimant: OOO Abbott; Claimant: Godfrey Victor Chasmer; Defendant: Design & Display Limited; Defendant: Eureka Display Limited
Jurisdiction
England and Wales
Judgment Date
10 October 2014
Procedural Posture
Patent Infringement and Account of Profits / Post Trial Judgment on Account of Profits and Procedural Directions
Outcome
Judgment for the claimants, subject to the £500,000 cap applying to the proceedings as a whole. Further directions and argument to be heard regarding transfer, costs, and the account against Eureka Display.
Legal Topics
Patent Infringement, Account of Profits, Damages Cap, Part 36 Offers, Costs Apportionment
Intellectual Property Law Civil Procedure Patent Infringement Account of Profits Damages Cap Part 36 Offers Costs Apportionment

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Parties

OOO Abbott

Claimant

Godfrey Victor Chasmer

Claimant

Design & Display Limited

Defendant

Eureka Display Limited

Defendant

Procedural Posture

Patent Infringement and Account of Profits / Post Trial Judgment on Account of Profits and Procedural Directions

Legal Issues

  1. 1 Does the £500,000 damages/account of profits cap in CPR 63.17A apply per defendant or per action?
  2. 2 Is the 'additional amount' under CPR 36.14(3)(d) subject to the damages cap?
  3. 3 Should payment by Design & Display be stayed pending the account against Eureka Display?

Ratio Decidendi

The £500,000 cap in CPR 63.17A applies to the proceedings as a whole, not per defendant. The 'additional amount' under CPR 36.14(3)(d) is not subject to the damages cap as it is not compensatory but incentivises settlement.

Court Disposition

Judgment for the claimants, subject to the £500,000 cap applying to the proceedings as a whole. Further directions and argument to be heard regarding transfer, costs, and the account against Eureka Display.

Orders

  • Design & Display to pay Abbott £488,173, subject to final directions.
  • Directions to be given for an account of profits against Eureka Display, including consideration of independent assessment of sales.