The IPKat has been pondering over a recent case in which the Patents Court awarded interim damages in order to alleviate the position of the claimant, even though the infringement decision was itself under appeal. Is this something that happens often, he wonders, and does it sometimes happen that interim damages turn out to be irrecoverable where an appellate court concludes that there has been no infringement after all?
Interim damages may be grabbed back from the ultimately unsuccessful IP owner
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