damages Archives - King & Wood Mallesons Pulse

Get used to spl(it)! Patentees can elect damages or account of profits for each act of infringement

8 October 2024

By Kate Hay, Rafaella Felthun, Jodie Goodman

Earlier this year, the Federal Court in Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 5) endorsed a split election for damages and an account of profits in a quantum decision for patent infringement.[1] This is the first time this issue has been decided (previous orders for split election were made by consent) and would allow a patentee to elect damages or an account of profits for each act of infringement to maximise compensation.

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The commercial value of technical secrets: IP infringement damages determination in Supreme People’s Court decision

12 June 2023

By Xiaoxia Zhang

The Flowers Blossom case in the Supreme People's Court shows those seeking damages for IP infringements should consider opting for an appraisal report - but a court can still determine damages using other factors.

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Nigerian polymer banknotes and millions in damages: A rare High Court ruling on misleading or deceptive conduct

14 August 2020

By Jack Rathie

A rare High Court case in relation to misleading or deceptive conduct instructs us as to the onus of proof in relation to damages

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A lasting lega-sea: High Court rules that disappointed cruise passengers can recover in Scenic Tours class action

22 May 2020

By Mark Giuseppini

Scenic Tours: High Court finds damages for disappointment and distress for breach of contract or consumer guarantees not precluded by Civil Liability Act non-economic loss provisions

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A very modest win: Generic Health gets 2% cut to Bayer’s $25 million damages

8 November 2018

By Esme Wong

Last year, Bayer was awarded more than $25 million (plus interest and indemnity costs) against Generic Health in the first Federal Court award of damages for pharmaceutical patent infringement.

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‘Sexy’ stamp leaves United States Postal Service blushing

17 July 2018

By Verdi Guy

The United States Government, acting through the United States Postal Service (USPS) has been ordered to pay US $3.5 million for copyright infringement after accidentally using a replica Statue of Liberty on its 2011 Forever Stamp.

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Gotta catch ‘em all – Pokémon Company International, Inc. v Redbubble Ltd

15 January 2018

By Ann-Kathrin Goller

In the battle against copyright infringement in the online world, rights holders are increasingly targeting aggregators and disseminators of infringing content, rather than doing battle with individual infringers themselves.

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Fast-track justice for competition claims

6 December 2016

By Isabella Wong

The UK’s CAT introduces new fast-track procedure

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The overarching purpose – misuse of confidential information, copyright infringement and the power of section 37M of the Federal Court of Australia Act

17 November 2016

By Caroline Ryan

SAI Global Property Division Pty Ltd v Johnstone [2016] FCA 1333, a confidential information and copyright infringement case involving a former employee of SAI, is an important reminder in relation to the conduct of litigation generally.

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Territorial limits of EU competition damages claims in England

31 May 2016

By Elaine Whiteford

A blow to the UK's shot at becoming the EU cartel damages venue of choice

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