Friday Fortnighty - Jan 2024 Team.pdf
(13.19 MB, PDF)
… in the court's judgment include limitation periods, the evidentiary threshold for establishing liability, umbrella pricing, lingering effects, and the pass-on defense. The court determined that for limitation purposes, the relevant start date is when claimants became aware of both the damage and the responsible party. It rejected the notion of collective knowledge for economic entities, emphasizing individual awareness. To move forward to the damages quantification phase, claimants must … economic impacts. Regarding the pass-on defense, the Court of Appeal noted this should typically be considered during the damages quantification phase unless it can be clearly established earlier that all alleged damages were passed onto subsequent buyers. The ruling highlights the legal and factual intricacies in proving liability and quantifying damages in antitrust follow-on cases, especially the evidentiary hurdles parties face. Despite Kone's argument that evidence of damage pass-on … of the case, which on the contrary seems to point more towards fault-based compensation. https://curia.europa.eu/jcms/jcms/Jo2_7055/en/ It is unclear what the effects of this decision will be, but there are worries that it will encourage forum-shopping in patent litigation. As such, it could have the effect of prompting patent owners to turn to the UPC, as compensation for wrongful preliminary injunction enforcement in this system is clearly fault-based. Sources: IP Portal, 11 January 2024, …