Carpmaels escapes €1bn claim in BASF patent row

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Carpmaels escapes €1bn claim in BASF patent row

c0a6c8dd-7096-4a29-82d8-63ce4a28fe8bhigh-court-mw-600-comp.jpg

Shakespearean analogies fail to convince High Court that BASF’s €1bn claim has merit as company awarded only ‘nominal’ damages in Carpmaels patent row

Carpmaels & Ransford has escaped a major damages claim in the England and Wales High Court after German company BASF unsuccessfully claimed the firm’s negligence resulted in the company suffering €1.05bn ($1.2bn) in lost profits.

In a judgment yesterday, October 29, Mr Justice Adam Johnson ruled that BASF should be entitled to only “nominal damages” after Carpmaels missed a deadline for filing an appeal against a patent revocation.

Those damages will be decided at a later date. The final amount could range anywhere between just a few pounds and several hundred pounds.

Carpmaels had already admitted it was responsible for the loss of the appeal but contended that the appeal had little chance of success.

The numbers claimed in the trial, which began in April this year, were eye watering. BASF alleged that the total loss of profits it suffered from Carpmaels missing the deadline to appeal was €1.05 billion.

Although BASF argued these were its calculated losses, it invited the court to conclude the precise losses suffered.

The dispute centred on European patent 1,663,458 (‘458 patent) which, according to the claim, occupied “vital space” in relation to complying with diesel emission standards.

BASF contended that Carpmaels, which admitted negligence on its part, failed to file an appeal in time after the EPO revoked the ‘458 patent in 2012.

BASF said that had the appeal succeeded, the revocation would never have taken effect and the company would have had a valid patent until July 2024.

It added that it would have been able to seek damages from other competitors adjudged to have allegedly infringed the ‘458 patent, and could have cemented itself as a “market leader at a crucial time for NOx emissions products”.

However, Mr Justice Johnson was unconvinced.

“I am not persuaded that overall the claimants lost any real chance of achieving greater awards of business or negotiating more favourable licence terms,” he found.

The judgment came despite the best efforts of BASF’s counsel Roger Stewart QC, who during proceedings quoted Brutus in William Shakespeare’s Julius Caesar, exclaiming: “There is a tide in the affairs of men, which, taken at the flood, leads on to fortune.”

Johnson said: “According to Mr Stewart QC, the tide would have been in for the claimants. Because of Carpmaels’ negligence, they missed it.”

The judge agreed with Carpmaels’ defence, namely that any appeal against the patent’s validity was unlikely to succeed in the first place.

“The likelihood of BASF’s case succeeding on its appeal was less than 50/50,” Johnson found. 

“While accepting that there were arguments in both directions, including arguments in favour of validity which could be (and were) properly made, I am persuaded that there were fundamental difficulties with the ‘458 patent which, overall, would have made it less likely than not that any appeal would succeed.”

He added: “My overall assessment is that the claimants are entitled only to nominal damages resulting from Carpmaels’ admitted breach.”

Stewart QC and Pippa Manby of 4 New Square and Miles Copeland of Three New Square, instructed by Reed Smith, acted for BASF. John Wardell QC of Wilberforce Chambers, Henry Ward of 8 New Square and Nick Zweck of Hogarth Chambers, instructed by Clyde & Co, represented Carpmaels & Ransford.

more from across site and SHARED ros bottom lb

More from across our site

Leaders at the newly merged firm Jones Maxwell Smith & Davis reveal their plan to take on bigger firms while attracting more clients and talent
Charles Achkar, who will bring a team of two with him, said he was excited about joining ‘one of the few strong IP boutiques’
Andy Lee, head of IP at Brandsmiths and winner of the Soft IP Practitioner of the Year award, tells us why 2024 was a seminal year and why clients value brave advice
The deal to acquire MIP's parent company is expected to complete by the end of May 2025
Jinwon Chun discusses the need for vigilance, his love for iced coffee, and preparing for INTA
Karl Barnfather’s new patent practice will focus on protecting and enforcing tech innovations in the electronics, AI, and software industries
Partner Ranjini Acharya explains how her Federal Circuit debut resulted in her convincing the court to rule that machine learning technology was not patent-eligible
Paul Hastings and Smart & Biggar also won multiple awards, while Baker McKenzie picked up a significant prize
Burford Capital study finds that in-house lawyers have become more likely to monetise patents, but that their IP portfolios are still underutilised
Robert Reading and Faidon Zisis at Clarivate unpick some of the data surrounding music-related trademarks
Gift this article