Celanese International Corp. v. BP Chemicals Ltd.

[1999] R.P.C. 203 (1999)

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Celanese International Corp. v. BP Chemicals Ltd.

United Kingdom Patent Court
[1999] R.P.C. 203 (1999)

RW

Facts

Hoechst Celanese Corporation (HC) (plaintiff) and BP Chemicals Ltd. (BP) (defendant) both made acetic acid, a product that was rendered significantly more profitable by removing its iodide impurities. To a slight degree, HC further enhanced this heightened profitability by developing a new iodide-removal process, which HC patented. BP copied this process without HC’s permission. HC sued BP for patent infringement. The United Kingdom’s Patent Court, which was a court of equity, found in HC’s favor. The court then proceeded to the question of HC’s recovery. Rather than an assessment of HC’s own damages, HC selected an account of BP’s profits as the basis for recovery. HC sought disgorgement of the £180 million profit BP earned from sales of BP’s low-iodide product. BP pointed out that the infringement had only marginally increased BP’s profits over what those profits would have been without infringement.

Rule of Law

Issue

Holding and Reasoning (Laddie, J.)

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