HC-2013-000089 - [2025] EWHC 2376 (Ch)

Finally, Mr Brandreth submitted that the court should apply a broad-brush multiple or uplift to the amount quantified as benefits to MSD, to reflect the existence of substantial unquantified benefits obtained by MSD as a result of linking the sign Merck with MSD’s products and services in the UK.

That submission did not, however, find any support in the expert evidence. While Mr Wynn thought that the economic benefits approach would understate the true value of a notional licence, he did not offer any basis on which to uplift the figure he calculated under that approach, to reflect any further unquantifiable benefits. Dr Stec’s position was that since there was no evidence that allowed a quantification of additional benefits to MSD, that suggested that such benefits were either non-existent or immaterial. Ultimately, therefore, neither expert was able to offer any basis to uplift the economic benefits calculation to reflect any further benefits to MSD going beyond those which they had quantified.

In those circumstances it would be entirely inappropriate for the court to embark on a purely speculative exercise, not supported by the expert evidence, of uplifting the economic benefits calculation by an arbitrary amount.