Kluwer Patent Blog

The Federal Court of Justice clarified the interdependencies of its case law concerning computer implemented inventions. An application has technical character if a non technical feature is inserted in a technical process. The comprehensive inspection of the object of the application does not allow discretionary weighing of technical and nontechnical parts. Due to the exemption…

(Indirect) infringement, Account of profits, Case Law, Damages, France

Waters v. Agilent et al., Court of First Instance Paris (Tribunal de Grande Instance Paris), 14 Januari 2009

Bruno Weil/January 14, 2009

This case provides a rather complete example of how to calculate damages in a patent infringement action in France. When the patent owner directly works out his patent in France, damages are based on lost profits and completed by additional royalties if the lost profits are below the amount of total infringing sales. When the…