Damages for Patent Infringement - AP Racing Ltd v Alcon Components Ltd
Jane Lambert In AP Racing Ltd v Alcon Components Ltd [2013] EWPCC 3 (5 Feb 2013) A P Racing Ltd . sued Alcon Components Ltd. for patent infringement in the Patents County Court. The patent in suit was UK patent GB 2 451 690 for " disc brake caliper body and a disc brake caliper comprising such a body". His Honour Judge Birss QC (as he then was) found the patent to be invalid for insufficiency at paragraph [123] of his judgment. However, he also found that had the patent been valid 4 of the 5 shapes of Alcon's callipers would have infringed claim 1 of A P Racing's patent. A P Racing appealed successfully to the Court of Appeal in AP Racing Ltd v Alcon Components Ltd , [2014] RPC 27, [2014] EWCA Civ 40. The Court restored the patent and ordered an inquiry as to damages or an account of profits. The claimant elected an inquiry which came on before His Honour Judge Halcon in AP Racing Ltd v Alcon Components Lt...