23 Apr 2018
ORAKA TECHNOLOGIES LIMITED v GEOSTEL VISION LIMITED [2018] NZHC 769
- Citation
- (2018) 131 IPR 363
- Court
- High Court
The Court held Technologies was entitled to a notional licence fee assessed as a reasonable royalty at the date of infringement (mid-2001); Geostel, as main beneficiary of the breach, is the appropriate notional licensee; after weighing the cup's importance, available alternatives (design-around, offshore manufacture), competitive pressure from the incumbent licensee Graders, and commercial realities, a reasonable licence fee is $6.00 per cup assembly; applied to 85,000 cup assembly equivalents the award is $510,000, with interest and costs reserved for further submissions.