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Inflation adjustment
Inflation adjustment
The experts agreed that it is reasonable to adjust the calculated costs for inflation, so as to derive an appropriate figure assuming the date of the notional licence negotiation to have been 1 January 2010. I will leave the parties to calculate the appropriate adjustments based on the figures I have set out above.
- 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