UPC_CFI_766/2024

Decisions and documents (1)

• 2026-07-10procedural

  Claimant:

  CARDO SYSTEMS

  Respondents:

  HONG KONG YIHENG INTERNATIONAL TECHNOLOGY Co. Limited; SHENZHEN ASMAX INFINITE TECHNOLOGY Co. Ltd.

  The subjective element - i.e. whether or not the defendant was aware of the infringement - is important in determining the extent of damages, as set out in Article 68, para 1 and 4, UPCA. Indeed, in the first case the Court shall order the infringer to pay the injured party damages appropriate to the harm actually suffered by that party as a result of the infringement. In the second case the Court may order the recovery of profits or the payment of compensation. The deliberate copying of the opposing party’s Patent, coupled with continued infringement in defiance of the Court’s order, makes this awareness all the more apparent and enables the Court to grant the remedies provided for in the aforementioned Article 68, para 1, UPCA. The Court considers the subjective element when making interim awards for damages, as this involves an initial assessment of the same damages. Keywords Decision by default, damages; interim awards for damages

  Judge: Alima Zana • Panel: Pierluigi Perrotti, Alima Zana🔒 Unlock Official PDF