
How do you calculate counterfactual damages?
Miss Charlotte May KC, sitting as a Deputy High Court Judge, has made a detailed calculation of damages due for infringement of a patent relating to a geosynthetic trackbed liner, a product used to stabilise railway tracks (Geofabrics Ltd v Fiberweb Geosynthetics Ltd). In a decision that was upheld by the Court of Appeal, the High Court had found that Geosynthetics Ltd’s product called Hydrotex 2 infringed the patent. Geofabrics Ltd, the patent proprietor, sells a competing p