Leeds IP lawyers secure £500k record damages win

Leeds-based intellectual property law firm Kempner & Partners has secured a £500k patent infringement damages award for AP Racing, part of the world’s leading motorsport brake manufacturer, Freni Brembo.

Following a hearing in the Intellectual Property Enterprise Court (IPEC), the judge handed down that court’s highest ever damages award to AP Racing.

Richard Kempner, Kempner & Partners’ senior partner who represented AP Racing, explained: “In 2007, AP Racing developed and patented a range of innovative brake calipers, which were quickly taken up by the motor racing world, including high end racing teams in Formula 3 and NASCAR.

“A rival manufacturer, Alcon Components Limited, introduced a similar range in 2009, which were taken up by a number of NASCAR teams. AP Racing sued Alcon for patent infringement, which was successful in 2014 when the Court of Appeal ruled to prevent Alcon from further manufacture of the calipers and gave permission for AP Racing to pursue financial compensation for its losses.

“The Intellectual Property Enterprise Court this week ruled that every single caliper sale by Alcon’s US distributor made after the publication of the patent, represented a lost sale for AP Racing, and awarded landmark damages of just under £500,000, plus interests and costs. I believe that this is the highest level of damages ever awarded in the IPEC, and represents a resounding win for AP Racing. Naturally, they - and we - are delighted with the outcome.”

Richard also explained how his team faced a number of difficulties, including the fact that all of Alcon’s sales were made in the US and not the UK, and the patent was initially held to be invalid.

He added: “My team, and particularly one of our senior solicitors Brian Whitehead, worked incredibly hard to recover the money our client had lost. We’re very pleased to see that AP Racing’s investment in research and development has now been recognised and safeguarded – it shows that the English legal system will not allow infringers to benefit from unlawful activity, even if the infringing sales occur in the USA.”

Established in 2009, Kempner & Partners is a 10-strong specialist team of intellectual property law specialists, with a client list that includes household and international names such as Asda, Jet2.com, BASF, Roberto Cavalli, Farrow and Ball, JD Sports and REGUS.

This year, the team has also added a Formula 1 racing team to its roster.

The firm supports clients throughout the entire IP lifespan, helping them with the identification, protection, exploitation and enforcement of their intellectual property rights, as well as defending those facing allegations of infringement.

Looking to promote your product/service to SME businesses in your region? Find out how Bdaily can help →