The High Court has awarded Swatch Group US$11.6 million against Samsung for trade mark infringement relating to watch face apps, made available through the Samsung Galaxy App store. The court rejected both parties' wildly divergent valuations (US$170m vs US$301), with the ruling offering a rare, detailed roadmap for calculating "negotiation" damages where there's no lost sales or licensing comparator.
Author: Cassandra Hill, Partner, Mishcon de Reya LLP