Bayer Cropscience KK v Charles River Laboratories Preclinical Services Edinburgh Ltd & Anor [2010] ScotCS CSOH_158 (26 November 2010)

Bayer Cropscience KK v Charles River Laboratories Preclinical Services Edinburgh Ltd & Anor [2010] ScotCS CSOH_158 (26 November 2010)

The pursuer's claim for an account of profits is not fundamentally irrelevant; profits earned post-expiry may be derived from pre-expiry infringement if there is a sufficient causal link. Springboard claims are available for account of profits as well as damages. The pleadings are sufficient to justify proof before answer.

Citation
[2010] ScotCS CSOH_158
Parties
Pursuer: Bayer Cropscience KK; First Defender: Charles River Laboratories Preclinical Services Edinburgh Limited; Second Defender: Albaugh Inc
Jurisdiction
Scotland
Judgment Date
26 November 2010
Procedural Posture
Patent Infringement / Interlocutory Decision on Relevancy and Sufficiency of Pleadings; Allowance of Proof Before Answer
Outcome
Proof before answer allowed on both parties' averments and pleas in law regarding the pursuer's claim for an account of profits against the second defender.
Legal Topics
Patent Infringement, Account of Profits, Springboard Claims, Remedies for Patent Infringement
Intellectual Property Patents Patent Infringement Account of Profits Springboard Claims Remedies for Patent Infringement

Case Brief

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Parties

Bayer Cropscience KK

Pursuer

Charles River Laboratories Preclinical Services Edinburgh Limited

First Defender

Albaugh Inc

Second Defender

Procedural Posture

Patent Infringement / Interlocutory Decision on Relevancy and Sufficiency of Pleadings; Allowance of Proof Before Answer

Legal Issues

  1. 1 Whether profits earned after patent expiry but resulting from pre-expiry infringement can be subject to account of profits
  2. 2 Whether springboard claims are available for account of profits as a remedy for patent infringement
  3. 3 Sufficiency of pleadings regarding causal connection between infringement and post-expiry profits

Ratio Decidendi

The pursuer's claim for an account of profits is not fundamentally irrelevant; profits earned post-expiry may be derived from pre-expiry infringement if there is a sufficient causal link. Springboard claims are available for account of profits as well as damages. The pleadings are sufficient to justify proof before answer.

Court Disposition

Proof before answer allowed on both parties' averments and pleas in law regarding the pursuer's claim for an account of profits against the second defender.

Orders

  • Proof before answer allowed
  • Question of expenses reserved