Assessment of damages (and accounts of profits) in patent litigation

摘要

Damages inquiries in patent cases in Europe are rare. One reason for this is that the injunction is normally the key remedy sought with the result that parties generally seek a settlement once liability has been determined. This article compares the approaches adopted in the Netherlands, Germany and the United Kingdom to the assessment of damages and accounts of profits in patent infringement cases. As a general comment, the IP Enforcement Directive does not yet appear to have made any difference to the way in which damages are calculated in the Netherlands, Germany and the United Kingdom.