FNM Corporation Ltd v Drammock International Ltd & Anor

FNM Corporation Ltd v Drammock International Ltd & Anor

Claims 1, 2, and 7 of the patent are invalid due to anticipation and obviousness by prior art and prior use; FNM's threats are protected under section 70(2A)(b) as it lacked reason to suspect invalidity; LEC did not misuse FNM's trade secrets, so no breach of contract occurred.

Source-derived case information.

Parties
Claimant: FNM Corporation Limited; Defendant: Drammock International Limited; Defendant: LEC (L’POOL) Limited
Jurisdiction
England and Wales
Judgment Date
15 June 2009
Procedural Posture
Patent Infringement and Revocation / Final Judgment
Outcome
Patent revoked; counterclaim for threats dismissed; claim for breach of contract dismissed.
Legal Topics
Patent Validity, Patent Infringement, Threats of Patent Litigation, Trade Secrets, Breach of Contract
Intellectual Property Contract Law Patent Validity Patent Infringement Threats of Patent Litigation Trade Secrets Breach of Contract

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Parties

FNM Corporation Limited

Claimant

Drammock International Limited

Defendant

LEC (L’POOL) Limited

Defendant

Procedural Posture

Patent Infringement and Revocation / Final Judgment

Legal Issues

  1. 1 Whether claims 1, 2, and 7 of European Patent (UK) No. 0 673 403 are valid or anticipated/obvious
  2. 2 Whether FNM made actionable threats under section 70 of the Patents Act 1977
  3. 3 Whether LEC breached confidentiality obligations regarding trade secrets

Ratio Decidendi

Claims 1, 2, and 7 of the patent are invalid due to anticipation and obviousness by prior art and prior use; FNM's threats are protected under section 70(2A)(b) as it lacked reason to suspect invalidity; LEC did not misuse FNM's trade secrets, so no breach of contract occurred.

Court Disposition

Patent revoked; counterclaim for threats dismissed; claim for breach of contract dismissed.

Orders

  • Patent revoked for invalidity.
  • Defendants' counterclaim for threats dismissed.