Fabio Perini SPA v LPC Group Plc & Ors [2012] EWHC 1393 (Pat) (04 April 2012)

Fabio Perini SPA v LPC Group Plc & Ors [2012] EWHC 1393 (Pat) (04 April 2012)

Perini is barred by res judicata and/or abuse of process from pursuing a supply or offer to supply case against PCMC in respect of the LPC contracts in the damages inquiry, as the issue was determined or conceded in the main proceedings. The damages inquiry is limited to infringement by use for which LPC and PCMC (as joint tortfeasor) are liable, including similar use-based infringements involving Georgia-Pacific. Damages may include lost profits or loss of chance if causation is established, not limited to royalties, and the usual inference is that infringer's sales are lost sales of the patentee unless rebutted.

Citation
[2012] EWHC 1393 (Pat)
Parties
Claimant: Fabio Perini S. P. A; Defendant: LPC Group Plc; Defendant: Paper Converting Machine Company Italia; Defendant: Paper Converting Machine Company Limited; Defendant: LPC (UK) Limited
Jurisdiction
England and Wales
Judgment Date
04 April 2012
Procedural Posture
Patents Infringement and Damages Inquiry / Judgment on Scope and Principles of Damages Inquiry Following Prior Findings of Infringement
Outcome
Supply and offer to supply cases against PCMC in respect of LPC contracts are barred; damages inquiry limited to infringement by use and joint tortfeasor liability for use.
Legal Topics
Patent Infringement, Damages Inquiry, Res Judicata, Abuse of Process, Joint Tortfeasor Liability, Causation in Damages, Loss of Profits, Royalty Assessment
Intellectual Property Patents Civil Procedure Patent Infringement Damages Inquiry Res Judicata Abuse of Process Joint Tortfeasor Liability +3 more

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Parties

Fabio Perini S. P. A

Claimant

LPC Group Plc

Defendant

Paper Converting Machine Company Italia

Defendant

Paper Converting Machine Company Limited

Defendant

LPC (UK) Limited

Defendant

Procedural Posture

Patents Infringement and Damages Inquiry / Judgment on Scope and Principles of Damages Inquiry Following Prior Findings of Infringement

Legal Issues

  1. 1 Whether Perini can pursue a supply case against PCMC in respect of LPC contracts in the damages inquiry
  2. 2 Whether Perini can pursue user, supply, or joint tortfeasor cases against PCMC in respect of Georgia-Pacific contract
  3. 3 Principles for assessment of damages for patent infringement, including causation and loss measurement

Ratio Decidendi

Perini is barred by res judicata and/or abuse of process from pursuing a supply or offer to supply case against PCMC in respect of the LPC contracts in the damages inquiry, as the issue was determined or conceded in the main proceedings. The damages inquiry is limited to infringement by use for which LPC and PCMC (as joint tortfeasor) are liable, including similar use-based infringements involving Georgia-Pacific. Damages may include lost profits or loss of chance if causation is established, not limited to royalties, and the usual inference is that infringer's sales are lost sales of the patentee unless rebutted.

Court Disposition

Supply and offer to supply cases against PCMC in respect of LPC contracts are barred; damages inquiry limited to infringement by use and joint tortfeasor liability for use.

Orders

  • Perini may not pursue a supply or offer to supply case against PCMC in respect of LPC contracts in the damages inquiry.
  • Damages inquiry limited to liability for infringement by use by LPC and joint tortfeasor liability of PCMC, including similar use-based infringement involving Georgia-Pacific.