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Account of profits is not available in a cross-undertaking
In Sandoz AG v Bayer Intellectual Property GMBH, the English High Court provided important clarification that a claimant in an inquiry for damages is not entitled to an account of profits under the standard cross-undertaking as to damages. Background The Inquiry Defendants had obtained certain interim injunctions against the Inquiry Plaintiffs which were subsequently discharged. Following the discharge, the Court ordered an inquiry as to damages caused to the Inquiry Plaintiffs as a consequence of the interim injunctions, pursuant to cross-undertakings given by the Inquiry Defendants. The…
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