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Factual and procedural history
Factual and procedural history
The background to the present proceedings has been set out extensively in the previous judgments, in particular the trial judgment of Norris J [2016] EWHC 49 (Pat) and the subsequent Court of Appeal judgment [2017] EWCA Civ 1834. What follows is a short summary.
- Heading
- Section 1
- Witnesses
- MSD’s witnesses of fact
- Expert evidence
- Factual and procedural history
- The Merck companies
- The 1955 and 1970 Agreements
- The present proceedings and previous judgments
- Relevant findings of breach and infringement
- Issues
- Relevant law
- The relevant counterfactual
- General approach to uncertainties in the evidence
- Appropriateness of licence fee damages in the present case
- The assessment of licence fee damages: overview
- Comparables approach
- The criticisms of Mr Wynn’s analysis
- Mr Wynn’s cross-examination
- Merck’s closing submissions
- Economic benefits approach
- General approach
- Avoided costs of email address migration
- Avoided website costs
- Avoided social media costs
- Web traffic gain
- Avoided marketing costs
- Avoided staff training costs
- Unquantifiable benefits
- Inflation adjustment
- Discount rate
- Conclusions