Patent and Market appeal court resolution of claims made by former employee

MAR

The Patent and Market appeal court has finally ruled on a former employee's claim for compensation, saying that the former employee is entitled to 1/5 of what he initially demanded.

The background is a lawsuit that was filed against C-RAD on May 9th 2020 by a former employee claiming compensation in the amount of SEK 85,6 million for an invention made during his employment at C-RAD in 2009. C-RAD strongly rejected the claim for compensation on the basis that the claim was highly excessive in light of the circumstances and that the employee was already compensated by his salary and other benefits. In July 2021 the Patent and Market ruled that no additional compensation should be given, The Patent and Market Court of Appeal now has partly changed the lower court's ruling, but only awarded the former employee SEK 4 385 000 for past time and a 1% royalty on net sales going forward on products using the invention described in the patent applications US12/632526 or PCT/SE2010/051338. The previous employee initially requested a royalty of 5%.

The former employee is ordered to pay C-RAD's legal costs in both the first and second instance, totaling SEK 1 264 000.

The Patent and Market Court of Appeal has granted permission to appeal the decision to the Supreme Court. C-RAD is considering an appeal to the Supreme Court.

This is the fourth in a series of court cases where the counterpart was either the same former employee or the company Beamocular AB (owned by the former employee and now in bankruptcy). In all prior cases C-RAD has been successful.

Datum 2023-06-30, kl 12:28
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