Musion Systems Ltd v Activ8 -3d Ltd & Ors [2011] EWPCC 12 (18 May 2011)

Musion Systems Ltd v Activ8 -3d Ltd & Ors [2011] EWPCC 12 (18 May 2011)

The court found, on the balance of probabilities and based on contemporaneous documents and credible witness evidence, that the manufacture and supply of the large-scale Pepper's Ghost system at Trilogix was done by C2R/David Dutton independently and not by Activ8-3D Limited or Simon Humphreys. Activ8's involvement was limited to non-infringing holopods. There was insufficient evidence to attribute the infringing acts at Trilogix to Activ8 or to establish joint liability for those acts. The court also clarified the scope of 'offer to supply' and 'making' under the Patents Act, confirming that mere demonstration or minor contributions do not amount to manufacture or offer to supply unless...

Citation
[2011] EWPCC 12
Parties
Claimant: Musion Systems Limited; First Defendant: Activ8-3D Limited; Second Defendant: C2R Limited; Third Defendant: David Dutton; Fourth Defendant: Simon David Humphreys
Jurisdiction
England and Wales
Judgment Date
18 May 2011
Procedural Posture
Patent Infringement Action (preliminary Issue) / Judgment on Preliminary Issue
Outcome
Preliminary issue determined in favour of Activ8-3D Limited and Simon Humphreys; no relevant infringing acts attributable to them for the Trilogix installation.
Legal Topics
Patent Infringement, Joint Tortfeasance, Directors' Liability, Offer to Supply, Manufacture Under Patent, Vicarious Liability
Intellectual Property Patent Law Patent Infringement Joint Tortfeasance Directors' Liability Offer to Supply Manufacture Under Patent Vicarious Liability

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Parties

Musion Systems Limited

Claimant

Activ8-3D Limited

First Defendant

C2R Limited

Second Defendant

David Dutton

Third Defendant

Simon David Humphreys

Fourth Defendant

Procedural Posture

Patent Infringement Action (preliminary Issue) / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether Activ8-3D Limited or Simon Humphreys (Fourth Defendant) used, manufactured, offered to supply, supplied, or kept any image projection apparatus in the UK other than those specified in the Baker Botts letter or the Waterside Theatre apparatus; whether acts were done by Activ8 or by C2R/David Dutton; scope of joint and vicarious liability for patent infringement

Ratio Decidendi

The court found, on the balance of probabilities and based on contemporaneous documents and credible witness evidence, that the manufacture and supply of the large-scale Pepper's Ghost system at Trilogix was done by C2R/David Dutton independently and not by Activ8-3D Limited or Simon Humphreys. Activ8's involvement was limited to non-infringing holopods. There was insufficient evidence to attribute the infringing acts at Trilogix to Activ8 or to establish joint liability for those acts. The court also clarified the scope of 'offer to supply' and 'making' under the Patents Act, confirming that mere demonstration or minor contributions do not amount to manufacture or offer to supply unless...

Court Disposition

Preliminary issue determined in favour of Activ8-3D Limited and Simon Humphreys; no relevant infringing acts attributable to them for the Trilogix installation.

Orders

  • No order as to liability for Activ8-3D Limited or Simon Humphreys in respect of the Trilogix apparatus; issues relating to Waterside Theatre and other pleaded acts to be determined at trial.