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October 16, 2020

Historic IP Damage Award Judgment in Thailand

Tilleke & Gibbins’ patent litigation team obtained a historic damage award judgment in Thailand of over THB 106 million (approximately USD 3.5 million) in favor of our client, INVE Aquaculture, a world-leading pioneer in the aquaculture industry with a focus on innovative hatchery products and processes for producing quality live food sources for seafood production, in a patent litigation case against an infringer in Thailand.

Our client’s valuable aquaculture technology involves an innovative method and a proprietary chemical substance that is used to significantly increase hatching rates of live aquatic feed, providing considerable commercial value in aquaculture production. After conducting market research, our client indicated that three of their patents were being infringed upon by multiple competitor companies in Thailand. Upon receiving instructions, we quickly strategized with the client to develop effective enforcement and litigation strategies suitable to fight multiple infringers, and collaborated with our client’s scientific experts to analyze the highly technical aspects of the case. After initial planning, we initiated separate litigations cases against two Thai companies.

For the first case, we were able to frame a very strong argument proving patent infringement, which ultimately resulted in the Intellectual Property & International Trade (IP&IT) Court handing down Thailand’s highest-ever award for damages in an IP case—over THB 106 million (approximately USD 3.5 million).