In a judgment issued on July 13, 2015, the IP Court held that the methods of calculating damage recited in Article 85-I of the old Patent Law are to alleviate Plaintiff’s burden of proof but not to cease applying the “Principle of Indemnity.”  The Plaintiff cannot claim damages from the alleged infringer if the Plaintiff does not sustain any actual damages or the Plaintiff is unable to prove damages.  The IP Court held that it was apparently not possible for the Plaintiff Pfizer Ireland Pharmaceuticals to implement or license the Patent at issue (i.e., Patent No. 083372) to others during the term of the Patent because the Plaintiff had already exclusively licensed the entire right (including making, offering for sale, selling, using, or importing for the aforementioned purposes) of the Patent to a third party (i.e., Pfizer Inc.) prior to filing the infringement litigation, for the entire patent term.  Moreover, there was no agreement on royalty between the Plaintiff and Pfizer Inc. and the Plaintiff admitted that it did not collect any royalty.  The IP Court therefore held that only Pfizer Inc. instead of the Plaintiff was damaged even if the Defendant did infringe the Patent at issue.  In addition, the Plaintiff did not submit evidence to prove that it was actually damaged.  Accordingly, the IP Court dismissed the Plaintiff’s claim for damages.