Case in focus: TQ Delta LLC vs Zyxel Communications UK Ltd & Anor

By Ted Lowery2019-08-08T05:00:00

Ted Lowery considers the lessons of an application to substitute one expert for another

The facts

During 2017 Delta commenced proceedings against Zyxel claiming infringements of certain patents owned by Delta that related to the operational standards for international telecommunications. The court made directions including for a trial in September 2019 that would consider Delta’s claim for damages in consequence of patent infringements by Zyxel. The parties exchanged financial experts’ reports on 7 December 2018: from Mr Pampinella on behalf of Zyxel and from Mr Bezant on behalf of Delta. Mr Bezant’s report raised an economic benefits approach (EBA) argument.

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