Maxeon and Canadian Solar end green tech patent dispute
21-04-2022
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A dispute over a rail track patent shows how judges may resolve counterfactual enquiries, says Owen Waugh of EIP.
Charlotte May KC delivered a comparatively rare judgment at the Patents Court of England and Wales in September.
The decision related to the infringement of Geofabrics’ railway-related patent by Fiberweb in Geofabrics v Fiberweb Geosynthetics[2022] EWHC 2363 (Pat).
While a damages enquiry is fact-dependent, this judgment offers some useful general guidance.
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EIP, Geofabrics, Fiberweb, patent dispute, counterfactual enquiries, Court of England and Wales, infringement