Cloud Cycle Limited v Verifi LLC & Anor

Cloud Cycle Limited v Verifi LLC & Anor

Summary judgment is inappropriate because expert evidence is required to resolve whether CCL's system deletes previously stored measurements and whether infringement by equivalence applies. The balance of irremediable prejudice favours refusing an interim injunction, as the risk to CCL's business is existential, while the risk to GCP is limited and compensable.

Parties
Claimant: Cloud Cycle Limited; First Defendant: Verifi LLC; Second Defendant: GCP Applied Technologies (UK) Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Patent Infringement and Declaration of Non Infringement / Ruling on Summary Judgment and Interim Injunction Applications
Outcome
Summary judgment application dismissed; interim injunction application dismissed.
Legal Topics
Summary Judgment, Interim Injunction, Patent Infringement, Doctrine of Equivalents
Intellectual Property Patent Law Summary Judgment Interim Injunction Patent Infringement Doctrine of Equivalents

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Parties

Cloud Cycle Limited

Claimant

Verifi LLC

First Defendant

GCP Applied Technologies (UK) Limited

Second Defendant

Procedural Posture

Patent Infringement and Declaration of Non Infringement / Ruling on Summary Judgment and Interim Injunction Applications

Legal Issues

  1. 1 Whether summary judgment should be granted in a patent infringement action
  2. 2 Whether an interim injunction should be granted restraining the claimant from dealing in its system in the UK

Ratio Decidendi

Summary judgment is inappropriate because expert evidence is required to resolve whether CCL's system deletes previously stored measurements and whether infringement by equivalence applies. The balance of irremediable prejudice favours refusing an interim injunction, as the risk to CCL's business is existential, while the risk to GCP is limited and compensable.

Court Disposition

Summary judgment application dismissed; interim injunction application dismissed.

Orders

  • No summary judgment granted.
  • No interim injunction granted.