split election

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.