Philip Price & Ors. v Flitcraft Limited & Ors.

Philip Price & Ors. v Flitcraft Limited & Ors.

Mr Price did not hold patents on trust for MTF Partnership; no effective assignment to Lightpeak or Mr Bridge; SL's exclusive licence not terminated; FL infringed SL's rights as exclusive licensee of 714 Patent by dealings with Old Injectawall Product; no infringement by New Injectawall Product; Mr Price failed to prove title to copyrights; passing off claim rejected; Garry and Thomas Flitcroft jointly liable with FL for patent infringement; NWTIF Charge does not affect SL's rights.

Parties
First Claimant: Philip Price; Second Claimant: Supawall Limited; Third Claimant: Supahome by Maple Limited; First Defendant: Flitcraft Limited; Second Defendant: Flitcraft Timber Frame Limited; Third Defendant: Garry Flitcroft; Fourth Defendant: Thomas Flitcroft
Jurisdiction
England and Wales
Judgment Date
20 December 2022
Procedural Posture
Intellectual Property (patents, Copyright, Passing Off) / Final Judgment on Liability
Outcome
Claim by SL for infringement of 714 Patent by FL allowed; all other claims dismissed.
Legal Topics
Patent Infringement, Copyright Ownership, Passing Off, Joint Tortfeasorship, Exclusive Licence, Assignment of Intellectual Property, Trusts in Partnership Property, Quia Timet Relief
Intellectual Property Insolvency Partnership Law Patent Infringement Copyright Ownership Passing Off Joint Tortfeasorship Exclusive Licence +3 more

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Parties

Philip Price

First Claimant

Supawall Limited

Second Claimant

Supahome by Maple Limited

Third Claimant

Flitcraft Limited

First Defendant

Flitcraft Timber Frame Limited

Second Defendant

Garry Flitcroft

Third Defendant

Thomas Flitcroft

Fourth Defendant

Procedural Posture

Intellectual Property (patents, Copyright, Passing Off) / Final Judgment on Liability

Legal Issues

  1. 1 Whether Mr Price held patents on trust for MTF Partnership
  2. 2 Whether assignment of patents to Lightpeak or Mr Bridge was effective
  3. 3 Whether SL's exclusive licence was terminated

Ratio Decidendi

Mr Price did not hold patents on trust for MTF Partnership; no effective assignment to Lightpeak or Mr Bridge; SL's exclusive licence not terminated; FL infringed SL's rights as exclusive licensee of 714 Patent by dealings with Old Injectawall Product; no infringement by New Injectawall Product; Mr Price failed to prove title to copyrights; passing off claim rejected; Garry and Thomas Flitcroft jointly liable with FL for patent infringement; NWTIF Charge does not affect SL's rights.

Court Disposition

Claim by SL for infringement of 714 Patent by FL allowed; all other claims dismissed.

Orders

  • Parties to agree form of order reflecting findings; submissions invited regarding s.67(3) Patents Act 1977; subject to s.67(3), Garry and Thomas Flitcroft jointly liable with FL; all claims against FTFL dismissed; passing off and copyright claims dismissed.