Adobe Systems Incorporated v Netcom Online.Co.UK Ltd & Anor

Adobe Systems Incorporated v Netcom Online.Co.UK Ltd & Anor

The Defendants are precluded from raising new defences based on exhaustion of rights and competition law at the inquiry as to damages because these issues were not raised prior to the consent order, and the public interest in finality of litigation outweighs any policy considerations to the contrary. The consent...

Source-derived case information.

Parties
Claimant: Adobe Systems Incorporated; Defendant: Netcom Online. Co. UK Limited; Defendant: Mussarat Fatima Kosar Bhatti
Jurisdiction
England and Wales
Judgment Date
02 March 2012
Procedural Posture
Intellectual Property/trade Mark Infringement / Ruling on Preliminary Issues Prior to Inquiry as to Damages
Outcome
Preliminary issues determined in favour of the Claimant; Defendants not permitted to raise new defences at the inquiry; application to set aside consent order dismissed.
Legal Topics
Trade Mark Infringement, Exhaustion of Rights, Abuse of Dominant Position, Anti Competitive Agreements, Consent Orders, Res Judicata, Estoppel, Measure of Damages
Intellectual Property Competition Law Civil Procedure Trade Mark Infringement Exhaustion of Rights Abuse of Dominant Position Anti Competitive Agreements Consent Orders +3 more

Source-derived case record

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 5 Authorities cited 25 Party arguments 2
Sign in to unlock

Parties

Adobe Systems Incorporated

Claimant

Netcom Online. Co. UK Limited

Defendant

Mussarat Fatima Kosar Bhatti

Defendant

Procedural Posture

Intellectual Property/trade Mark Infringement / Ruling on Preliminary Issues Prior to Inquiry as to Damages

Legal Issues

  1. 1 Whether the Defendants can raise exhaustion of rights and competition law defences at the inquiry as to damages following a consent order
  2. 2 Whether the consent order should be set aside on grounds of mistake or illegality under EU competition law
  3. 3 Whether the measure of damages can be challenged on competition law grounds

Ratio Decidendi

The Defendants are precluded from raising new defences based on exhaustion of rights and competition law at the inquiry as to damages because these issues were not raised prior to the consent order, and the public interest in finality of litigation outweighs any policy considerations to the contrary. The consent order is binding and cannot be set aside on the grounds advanced. The measure of damages cannot be challenged on competition law grounds in these circumstances.

Court Disposition

Preliminary issues determined in favour of the Claimant; Defendants not permitted to raise new defences at the inquiry; application to set aside consent order dismissed.

Orders

  • Defendants are not permitted to raise the matters referred to in paragraph 1 of the Order of Master Winegarten dated 6 January 2012 at the inquiry as to damages.
  • Defendants' application dated 23 January 2012 to set aside the Consent Order is dismissed.