Zipher Ltd v Markem Systems Ltd & Anor [2008] EWHC 2078 (Pat) (01 September 2008)

Zipher Ltd v Markem Systems Ltd & Anor [2008] EWHC 2078 (Pat) (01 September 2008)

The injunction granted must precisely reflect the scope of the unconditional undertaking given by Zipher, requiring amendment of all relevant patent claims to include all features of claims 1, 4, and 5 of UK Patent Application No. 2,329,602A, and prohibiting assertion or filing of claims wider than this scope, applying to all patents and applications deriving from the PCT application, including foreign patents.

Citation
[2008] EWHC 2078 (Pat)
Parties
Claimant: Zipher Limited; Defendant: Markem Systems Limited; Defendant: Markem Technologies Limited
Jurisdiction
England and Wales
Judgment Date
01 September 2008
Procedural Posture
Patent Infringement and Amendment Dispute / Post Judgment, Determination of Scope of Injunction
Outcome
Injunction granted reflecting the scope of the undertaking, subject to drafting corrections.
Legal Topics
Patent Amendment, Scope of Injunction, Patent Claim Limitation, International Patent Applications
Intellectual Property Patents Patent Amendment Scope of Injunction Patent Claim Limitation International Patent Applications

Case Brief

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Parties

Zipher Limited

Claimant

Markem Systems Limited

Defendant

Markem Technologies Limited

Defendant

Procedural Posture

Patent Infringement and Amendment Dispute / Post Judgment, Determination of Scope of Injunction

Legal Issues

  1. 1 Scope of injunction to enforce undertaking
  2. 2 Whether injunction should substitute for undertaking
  3. 3 Mandatory versus prohibitory injunction

Ratio Decidendi

The injunction granted must precisely reflect the scope of the unconditional undertaking given by Zipher, requiring amendment of all relevant patent claims to include all features of claims 1, 4, and 5 of UK Patent Application No. 2,329,602A, and prohibiting assertion or filing of claims wider than this scope, applying to all patents and applications deriving from the PCT application, including foreign patents.

Court Disposition

Injunction granted reflecting the scope of the undertaking, subject to drafting corrections.

Orders

  • Zipher must take all steps within its power to amend all pending patent applications and granted patents deriving from or based on International Patent Application No. PCT/GB01/03965 so all claims to a push-pull type tape transport mechanism for printers include all features of claims 1, 4, and 5 of UK Patent...
  • Zipher restrained from filing any patent application deriving from or based on the International Application with claims to a push-pull type tape transport mechanism for printers not including all features of claims 1, 4, and 5 of the UK Application.