29 Apr 2010
ELECTROQUIP LIMITED AND ORS V CRAIGCO LIMITED AND ORS HC AK CIV 2006-404-006719
- Citation
- openlaw-4b6e84c7_c076_4c35_bf18_d69bbfb700b2.pdf
- Court
- High Court
The Court held s121(1) did not disentitle plaintiffs to damages; compensatory damages for proven lost sales awarded at $216,432; royalties on other infringing sales were appropriate under the user principle but reduced by 50% as a pragmatic apportionment producing $33,575; apportionment does not reduce compensatory damages when loss is measured by lost sales; no additional damages for flagrancy awarded; total damages $250,007 plus costs to plaintiffs.