Hålogaland court of appeal has come to a decision in a re-opened case concerning patent infringement, recognizing recovery claims on the part of Wingtech AS. Wingtech AS – a firm selling equipment for counting fish – was found guilty of patent infringement in 2003 and had been excluded from the market in the period 2003-2009. Hålogaland court of appeal re-opened the case after new information was revealed and found that Wingtech AS had unlawfully been sentenced for patent infringement. The court found also that Wingtech AS is owed compensation for foregone profits in the period the firm was excluded from the market and for lost profits due to a weakened market position in the period after reentry resulting from that exclusion.
Oslo Economics has been consulting Wingtech and has conducted an evaluation and quantification of damages. Damages are estimated based on an evaluation of what the likely scenario for the firm’s development and profits would have been had the firm not been excluded from the market. In the verdict Hålogaland court of appeal recognized that Wingtech has a claim to compensation of 11.8 million NOK.
Oslo Economics offer support in compensation cases as expert consultants
Oslo Economics is a leading consultancy firm within the field of competition analysis and has extensive experience on consulting on damages and recovery claims within different markets. Estimation of damages must be rooted in an understanding of the appropriate counterfactual situation – i.e., the situation absent an abuse or infringement. To estimate the appropriate counterfactual, we make use of our expertise in economic theory, deep understanding of relevant markets and long-standing experience of using calibration and statistical tools.
