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patentsaccount of profitsdamages
Penn v. Jack
Penn v Jack (1867) LR 5 Eq 81; (1866) 14 LT 495
Key Principle
In assessing a patentee's pecuniary remedy for infringement, the appropriate measure may be the manufacturing profit the patentee would have made on the infringing articles (i.e. the profit lost by reason of the infringing competition), rather than a notional licence royalty alone.
Area of Law
General
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