Lever Fabergé Ltd v Colgate-Palmolive Co [2005] EWHC 2655 (Pat) (10 November 2005)

Lever Fabergé Ltd v Colgate-Palmolive Co [2005] EWHC 2655 (Pat) (10 November 2005)

The court is satisfied on the verified evidence and prior art that the patent is invalid on the pleaded grounds, and a declaration of invalidity is justified, but only on the specific grounds pleaded, not in a general form.

Citation
[2005] EWHC 2655 (Pat)
Parties
Claimant: Lever Fabergé Limited; Defendant: Colgate-Palmolive Company
Jurisdiction
England and Wales
Judgment Date
10 November 2005
Procedural Posture
Patent Invalidity Application / Judgment After Application; Defendant Not Represented
Outcome
Declaration granted that the patent is invalid on the pleaded grounds; no order as to costs.
Legal Topics
Patent Invalidity, Declarations, Civil Procedure Rules
Intellectual Property Law Patent Invalidity Declarations Civil Procedure Rules

Case Brief

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Parties

Lever Fabergé Limited

Claimant

Colgate-Palmolive Company

Defendant

Procedural Posture

Patent Invalidity Application / Judgment After Application; Defendant Not Represented

Legal Issues

  1. 1 Whether the court should declare the patent invalid in addition to granting judgment for the claimant

Ratio Decidendi

The court is satisfied on the verified evidence and prior art that the patent is invalid on the pleaded grounds, and a declaration of invalidity is justified, but only on the specific grounds pleaded, not in a general form.

Court Disposition

Declaration granted that the patent is invalid on the pleaded grounds; no order as to costs.

Orders

  • Declaration that the patent is invalid on the grounds pleaded in the grounds of invalidity served with the particulars of claim.
  • No order as to costs.