OOO Abbott v Design & Display Ltd [2014] EWHC 2924 (IPEC)
This was an account of profits following a judgment ([2013] EWPCC 27) that the defendant had infringed the claimants’ patent for a display panel used in shops made up of ’slatted panel’ and ’snap-in’ aluminium inserts. The judge had to decide a number of issues of fact and principle, including (a) whether the claimants were entitled to claim profits generated from the sale of slatted panels as well as those from sales of infringing inserts and (b) the allowable costs that the defendant was entitled to deduct from its gross profits.
On the issue of the recoverable profits, HHJ Hacon decided that the scope of the profit derived from the defendant’s infringement extended to the profits made from sales of slatted panel in which infringing inserts were incorporated. On the issue of deductible costs, it was held that the defendants had not satisfied the evidential burden that it was entitled to make any of the deductions which it sought to make from gross profits. However, a sum was allowed to be deducted to reflect labour costs which were directly and solely attributable to the defendant’s infringing business.
Chris Aikens appeared as sole counsel for the claimants.