Zipher Ltd v Markem Systems Ltd & Anor

Zipher Ltd v Markem Systems Ltd & Anor

The injunction must match the scope of the undertaking given to the court, covering all patents and applications deriving from the PCT application, requiring amendment of claims to include all features of claims 1, 4, and 5 of the UK application, and prohibiting assertion or filing of wider claims, regardless of jurisdiction or parties asserted against.

Parties
Claimant: Zipher Limited; Defendant: Markem Systems Limited; Defendant: Markem Technologies Limited
Jurisdiction
England and Wales
Judgment Date
01 September 2008
Procedural Posture
Patent Dispute / Post Judgment, Determination of Scope of Injunction
Outcome
Injunction granted in the form matching the undertaking, subject to drafting corrections.
Legal Topics
Patent Amendment, Scope of Injunction, Undertakings, International Patent Applications
Intellectual Property Patent Law Patent Amendment Scope of Injunction Undertakings International Patent Applications

Case Brief

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Parties

Zipher Limited

Claimant

Markem Systems Limited

Defendant

Markem Technologies Limited

Defendant

Procedural Posture

Patent Dispute / Post Judgment, Determination of Scope of Injunction

Legal Issues

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

Ratio Decidendi

The injunction must match the scope of the undertaking given to the court, covering all patents and applications deriving from the PCT application, requiring amendment of claims to include all features of claims 1, 4, and 5 of the UK application, and prohibiting assertion or filing of wider claims, regardless of jurisdiction or parties asserted against.

Court Disposition

Injunction granted in the form matching the undertaking, subject to drafting corrections.

Orders

  • Claimant to 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 published as WO02/022371 so all claims to a tape drive push-pull type tape transport mechanism for printers include all features of...
  • Claimant restrained from filing any patent application deriving from or based on the International Application with claims to a tape drive push-pull type tape transport mechanism for printers not including all features of claims 1, 4, and 5 of the UK Application.