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Damages for Patent Infringement - AP Racing Ltd v Alcon Components Ltd

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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...

Inquiries as to Damages in the Intellectual Property Enterprise Court: The National Guild of Removers and Storers Ltd v Statham and Others

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The National Guild of Removers and Storers is a trade association for the removal industry. According to its website "The Guild's priority has always been, and remains, consumer protection in an industry where there are no specific laws to protect the moving public" and its efforts in respect of consumer protection have been recognized by Which.  As a result, the Guild has a good reputation among the public making it advantageous to become a member.  The Guild has a number of trade marks which it allows its members to reproduce on their stationery, marketing literature and websites for so long as they remain members of the Guild. When a remover ceases to be a member of the Guild it is required to remove the trade mark and references to the Guild immediately. If it fails to do so the Guild sues it for trade mark infringement or passing off. The Guild has brought a number of infringement proceedings over the years against its former members and the damages that have...