Patent Litigation

In January 2008 we were contacted by a commercial client who had a dispute with one of his customers regarding an aerosol product he produced for them.

The customer alleged that our client had filled another similar product for a different customer and in so doing had infringed a patent.

Our client denied the infringement saying that he had produced similar products for other customer and for his own company long before he began filling the patented product.

The patent holder did not accept this position and issued two separate claims for patent infringement through the High Court in London.

The claims alleged damages in excess of £1.5 million.

The litigation was very hard fought and the matter ultimately came to trial at the end of March 2009.

After 6 days of evidence and submissions the presiding judge, Mr Justice Arnold, delivered his judgement on 15th June 2009. The full text of the judgment can be found here.

In summary the claims against our client were all dismissed and an order made that the patent on which the claimant relied be revoked.