NIPC Law

  Jane Lambert Court of Appeal ( Lord Justices Lewison and Arnold and Sir Nicholas Patten) Geofabrics Ltd v Fiberweb Geosynthetics Ltd (Rev 1) [2021] EWCA Civ 854 (11 June 2021) In  Geofabrics Ltd v Fiberweb Geosynthetics Ltd [2020] EWHC 444 (Pat) (5 March 2020) which I discussed in  Patents - Geofabrics Ltd v Fiberweb Geosynthetics Ltd.   on 12 March 2020, Mr David Stone, sitting as a deputy judge of the High Court, held that Geofabrics Ltd.'s    European patent (UK) 2 430 238 for a "trackbed liner and related methods " was valid and infringed by the defendant company, Fiberwed Geosynthetics Ltd.  Fiberweb applied to the Court of Appeal for permission to appeal against Mr Stone's judgment. Lord Justice Floyd allowed Fiberweb to appeal on the grounds that (1) the deputy judge had erred in his construction of claim 1 of the Patent, and as a result, had wrongly found that  Fiberweb's Hydrotex 2.0 product ("Hydrotex") fell within the scope of the c...

Royal Courts of Justice Author Anthony M  Source Wikipedia   Creative Commons Licence When a patent is infringed the patentee has the choice of an inquiry as to damages or an account of profits under s.61 (1) of the Patents Act 1977.  A similar choice is available to any other intellectual property right owner whose right is infringed. In  OOO Abbott and another v Design & Display Ltd and another [2016] EWCA Civ 95 Lord Justice Lewison set out the basic principles at para [7] of his judgment: "Section 61 (1) (d) of the Patents Act 1977 entitles a patentee to claim against an infringer an account of the profits "derived by him from the infringement". An account of profits is confined to profits actually made, its purpose being not to punish the defendant but to prevent his unjust enrichment. The underlying theory is that the infringer is treated as having carried on his business (to the extent that it infringes) on behalf of the patente...