Microsoft Corporation v. Able System Development Ltd. t/a Able Computer Centre

Microsoft Corporation v. Able System Development Ltd. t/a Able Computer Centre

Given the defendant's MOSP membership, investigator purchases, ex-employee testimony and distributor records, the court accepted the licence-fee (notional royalty) approach as the appropriate measure of compensatory damages; calculated licence-fee losses for specified periods from available invoices and distributor records and awarded additional damages under s.108(2) (10% of assessed damages) because of extensive, deliberate and long-lasting infringement; awarded total damages of HK$35,832,570 with judgment interest and costs.

Citation
Microsoft Corporation v. Able System Development Ltd. t/a Able Computer Centre
Parties
Plaintiff: Microsoft Corporation; Defendant: Able System Development Limited trading as Able Computer Centre
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 October 2002
Case Number
HCA17892/1998
Procedural Posture
Copyright and Trade Mark Infringement / Assessment of Damages (post Consent Judgment)
Outcome
Judgment for the Plaintiff; award of damages and additional damages; injunction previously granted; order nisi for costs
Legal Topics
Damages Assessment, Additional Damages Under S.108(2) Copyright Ordinance, License Fees Approach, Account of Profits, Injunction, Discovery
Source Language
EN
Copyright Trade Mark Passing Off Intellectual Property Civil Procedure Damages Assessment Additional Damages Under S.108(2) Copyright Ordinance License Fees Approach +3 more

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Parties

Microsoft Corporation

Plaintiff

Able System Development Limited trading as Able Computer Centre

Defendant

Procedural Posture

Copyright and Trade Mark Infringement / Assessment of Damages (post Consent Judgment)

Legal Issues

  1. 1 Whether compensatory damages should be assessed on a licence fee (notional royalty) basis
  2. 2 Quantum of damages for specified periods given limited records
  3. 3 Whether additional damages under s.108(2) should be awarded for flagrancy

Ratio Decidendi

Given the defendant's MOSP membership, investigator purchases, ex-employee testimony and distributor records, the court accepted the licence-fee (notional royalty) approach as the appropriate measure of compensatory damages; calculated licence-fee losses for specified periods from available invoices and distributor records and awarded additional damages under s.108(2) (10% of assessed damages) because of extensive, deliberate and long-lasting infringement; awarded total damages of HK$35,832,570 with judgment interest and costs.

Court Disposition

Judgment for the Plaintiff; award of damages and additional damages; injunction previously granted; order nisi for costs

Orders

  • Award damages to plaintiff in the sum of HK$35,832,570
  • Judgment interest to accrue from date of judgment until payment