Fabio Perini SPA v LPC Group Plc & Ors [2012] EWHC 911 (Ch) (04 April 2012)

Fabio Perini SPA v LPC Group Plc & Ors [2012] EWHC 911 (Ch) (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 inquiry, as these issues were determined or could have been determined in the main proceedings. The inquiry is limited to damages for infringement by use by LPC (for which PCMC is jointly liable) and for joint tortfeasor liability of PCMC in respect of infringing use by Georgia-Pacific. Damages are to be assessed on the basis of loss caused by such use, applying the principles of restoration, causation, and reasonable inference as to lost sales or royalties.

Citation
[2012] EWHC 911 (Ch)
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
Patent Infringement Inquiry as to Damages / Post Trial, Inquiry Into Damages Following Judgment on Liability
Outcome
Scope of inquiry limited; supply case against PCMC dismissed as res judicata/abuse of process; damages inquiry to proceed only on infringement by use and joint tortfeasor liability as established at trial.
Legal Topics
Patent Infringement, Damages Assessment, Res Judicata, Joint Tortfeasor Liability, Causation in Tort, Loss of Profits, Royalty Damages, Abuse of Process
Intellectual Property Law Patent Law Patent Infringement Damages Assessment Res Judicata Joint Tortfeasor Liability Causation in Tort Loss of Profits +2 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

Patent Infringement Inquiry as to Damages / Post Trial, Inquiry Into Damages Following Judgment on Liability

Legal Issues

  1. 1 Whether Perini can pursue a supply case against PCMC in the inquiry
  2. 2 Whether Perini can pursue user, supply, or joint tortfeasor cases against PCMC regarding Georgia-Pacific
  3. 3 Scope of the inquiry as to damages

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 inquiry, as these issues were determined or could have been determined in the main proceedings. The inquiry is limited to damages for infringement by use by LPC (for which PCMC is jointly liable) and for joint tortfeasor liability of PCMC in respect of infringing use by Georgia-Pacific. Damages are to be assessed on the basis of loss caused by such use, applying the principles of restoration, causation, and reasonable inference as to lost sales or royalties.

Court Disposition

Scope of inquiry limited; supply case against PCMC dismissed as res judicata/abuse of process; damages inquiry to proceed only on infringement by use and joint tortfeasor liability as established at trial.

Orders

  • Perini barred from pursuing supply or offer to supply case against PCMC in respect of LPC contracts in the inquiry.
  • Inquiry as to damages limited to infringement by use by LPC and joint tortfeasor liability of PCMC for use by Georgia-Pacific.