Lever Fabergé Limited v Colgate-Palmolive Company

Lever Fabergé Limited v Colgate-Palmolive Company

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 limited to the grounds served with the particulars of claim.

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 for Declaration of Invalidity
Outcome
Declaration of invalidity granted; no order as to costs
Legal Topics
Patent Invalidity, Declarations in Patent Law, Civil Procedure Rules
Intellectual Property Law Patent Invalidity Declarations in Patent Law Civil Procedure Rules

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Parties

Lever Fabergé Limited

Claimant

Colgate-Palmolive Company

Defendant

Procedural Posture

Patent Invalidity Application / Judgment After Application for Declaration of Invalidity

Legal Issues

  1. 1 Whether the court should declare the patent invalid in addition to giving judgment for the claimant
  2. 2 Whether a declaration of invalidity should be made without a full trial

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 limited to the grounds served with the particulars of claim.

Court Disposition

Declaration of invalidity granted; 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