Fabio Perini SPA v LPC Group Plc & Ors

Fabio Perini SPA v LPC Group Plc & Ors

The supply case against PCMC is res judicata and cannot be reopened in the inquiry; damages for patent infringement are to be assessed based on loss of chance of securing contracts for converting lines and ancillary equipment, with the percentage chance determined by commercial realities and evidence; convoyed goods and aftersales are recoverable if commercially connected; PCMC is jointly liable as tortfeasor for infringing use by LPC and Georgia-Pacific.

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
Inquiry as to Damages Following Patent Infringement Judgment / Judgment on Principles for Assessment of Damages
Outcome
Damages to be assessed based on loss of chance for supply of converting lines and ancillary equipment; supply case against PCMC dismissed as res judicata; PCMC and LPC liable for damages as joint tortfeasors for infringing use.
Legal Topics
Patent Infringement, Damages Assessment, Res Judicata, Loss of Chance, Joint Tortfeasor Liability
Intellectual Property Tort Patent Infringement Damages Assessment Res Judicata Loss of Chance Joint Tortfeasor Liability

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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

Inquiry as to Damages Following Patent Infringement Judgment / Judgment on Principles for Assessment of Damages

Legal Issues

  1. 1 Whether supply case against PCMC is res judicata or abuse of process
  2. 2 Scope of inquiry as to damages
  3. 3 Causation and assessment of damages for patent infringement

Ratio Decidendi

The supply case against PCMC is res judicata and cannot be reopened in the inquiry; damages for patent infringement are to be assessed based on loss of chance of securing contracts for converting lines and ancillary equipment, with the percentage chance determined by commercial realities and evidence; convoyed goods and aftersales are recoverable if commercially connected; PCMC is jointly liable as tortfeasor for infringing use by LPC and Georgia-Pacific.

Court Disposition

Damages to be assessed based on loss of chance for supply of converting lines and ancillary equipment; supply case against PCMC dismissed as res judicata; PCMC and LPC liable for damages as joint tortfeasors for infringing use.

Orders

  • PCMC and LPC to pay damages for infringement of Patent 929 calculated on basis of 65% chance of Perini selling Sincro 65 and Sincro 55 lines to LPC at €3.824 million plus 65% of profit on additional equipment and aftersales
  • PCMC to pay damages as joint tortfeasor for Georgia-Pacific's infringing use, calculated on basis of 25% chance of Perini selling speculative line at €2.157 million plus 25% of profit on aftersales