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 profit or loss of chance for supply of converting lines and ancillary equipment, including aftersales, where causation is established; the chance of Perini securing contracts with LPC and Georgia-Pacific is substantial and quantifiable; damages are not limited to the patented tail sealer but extend to the whole converting line and ancillary modules; aftersales are recoverable in principle; assessment must be fair and not punitive.

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 Proceedings / Judgment on Principles for Assessment of Damages
Outcome
Damages to be assessed based on loss of profit for chance of sales to LPC and Georgia-Pacific; supply case against PCMC dismissed as res judicata; aftersales and additional equipment to be quantified at subsequent hearing.
Legal Topics
Patent Infringement, Damages Assessment, Joint Tortfeasor Liability, Res Judicata, Loss of Chance, Remoteness of Damage
Intellectual Property Commercial Law Tort Patent Infringement Damages Assessment Joint Tortfeasor Liability Res Judicata Loss of Chance +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

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 Proceedings / 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 profit or loss of chance for supply of converting lines and ancillary equipment, including aftersales, where causation is established; the chance of Perini securing contracts with LPC and Georgia-Pacific is substantial and quantifiable; damages are not limited to the patented tail sealer but extend to the whole converting line and ancillary modules; aftersales are recoverable in principle; assessment must be fair and not punitive.

Court Disposition

Damages to be assessed based on loss of profit for chance of sales to LPC and Georgia-Pacific; supply case against PCMC dismissed as res judicata; aftersales and additional equipment to be quantified at subsequent hearing.

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 ancillary equipment and aftersales (subject to further assessment)
  • PCMC to pay damages as joint tortfeasor with Georgia-Pacific for infringement calculated on basis of 25% chance of Perini selling speculative line at €2.157 million plus aftersales (subject to further assessment)