1 April 2010Jurisdiction reportsImre Molnár

Defining enrichment payable after infringement

The plaintiff in a patent infringement lawsuit is entitled to claim damages suffered due to the defendant’s infringement. Establishing the exact level of such damages is complicated and very often requires the plaintiff to disclose sensitive or confidential information during court proceedings. Such data include turnover and profit margin, and the financial impact of the infringing activity. In most cases, plaintiffs hesitate to disclose such sensitive data.

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