Patent Law (UK) - Expert Evidence and Remedies Flashcards
An overview of expert evidence and remedies for patent infringement.
What is the first step of the American Cyanamid test for granting interim injunctions?
Show there is a serious question to be tried.
Explanation: The first step involves determining if the claim is arguable, not frivolous or vexatious.
What is a cross-undertaking in damages in the context of an interim injunction?
A requirement for the claimant to compensate the defendant if the injunction is found unjustified.
Explanation: This protects the defendant from losses caused by an invalid injunction.
Which case laid out the principle that profits in an account of profits must relate directly to the infringement?
Design & Display v Ooo Abbott.
Explanation: The decision emphasised linking profits exclusively to the infringement itself.
What is a key consideration when granting a delivery-up order in patent law?
The remedy focuses on destruction of goods to protect the patent holder’s rights.
Explanation: Delivery-up orders aim to remove infringing items to uphold the patent owner’s rights.
What is the primary role of expert witnesses in patent law?
To educate the court on technical or scientific matters.
Explanation: Experts clarify complex topics to aid the court’s understanding, without advocating.
Interim injunctions are granted based on the merits of the case as a primary focus.
True or False
False
Explanation: The focus is on whether the case is arguable and on balance of convenience.
A court can refuse to grant an injunction if it deems it disproportionate under the Enforcement Directive.
True of False
True
Explanation: Proportionality underpins fairness in granting remedies.
Monetary relief seeks to punish infringers for wrongful acts.
True or False
False
Explanation: It compensates for losses caused by infringement, not to serve as punishment.
Delivery-up orders allow defendants to offset the value of the infringing goods against their damages.
True or False
False
Explanation: Defendants cannot use the value of infringing goods to reduce their liabilities.
An expert witness’s primary duty is to the paying party rather than the court.
True or False
False
Explanation: The primary duty is always to assist the court impartially.
What three stages form the American Cyanamid test for granting an interim injunction?
Serious question to be tried.
Adequacy of damages for both parties.
Balance of convenience.
Explain the purpose of the Enforcement Directive 2004/48/EC in relation to patent remedies.
The Directive ensures remedies are fair, equitable, and effective while preventing abuse or barriers to legitimate trade.
What does “proportionality” mean when courts assess remedies in patent law disputes? Provide an example.
Proportionality ensures remedies fairly balance the interests of both parties without being excessive. For example, considering whether damages are sufficient instead of granting an injunction.
Describe the difference between damages and an account of profits.
Damages: Compensate the claimant for financial loss.
Account of Profits: Recovers profits made by the infringer from the infringement.
What are two situations where expert evidence may carry less weight during a patent trial?
If the expert lacks direct experience in the relevant field during the invention period.
If they show bias or partisanship in their testimony.
