Brigade (BBS-TEK) Ltd v Back-Tec Worldwide Ltd & Anor [2012] EWPCC 52 (31 October 2012)

Brigade (BBS-TEK) Ltd v Back-Tec Worldwide Ltd & Anor [2012] EWPCC 52 (31 October 2012)

The first defendant failed to comply with court orders, justifying strike out of its defence and entry of judgment for the claimant. Consequential orders for injunction, delivery up, and damages inquiry are conventional and appropriate. Summary assessment of costs cannot be conducted without sufficient evidence;...

Source-derived case information.

Citation
[2012] EWPCC 52
Parties
Claimant: Brigade (BBS-TEK) Limited; First Defendant: Back-Tec Worldwide Ltd; Second Defendant: Jamie Martin Macsween
Jurisdiction
England and Wales
Judgment Date
31 October 2012
Procedural Posture
Patent Infringement / Application for Strike Out and Consequential Orders
Outcome
first defendant's defence struck out; judgment entered for claimant; consequential orders granted as specified
Legal Topics
Patent Infringement, Default Judgment, Consequential Orders, Costs Assessment, Damages Inquiry, Publicity Orders
Intellectual Property Patent Law Patent Infringement Default Judgment Consequential Orders Costs Assessment Damages Inquiry Publicity Orders

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Parties

Brigade (BBS-TEK) Limited

Claimant

Back-Tec Worldwide Ltd

First Defendant

Jamie Martin Macsween

Second Defendant

Procedural Posture

Patent Infringement / Application for Strike Out and Consequential Orders

Legal Issues

  1. 1 whether the first defendant's defence should be struck out for non-compliance
  2. 2 whether judgment should be entered for the claimant
  3. 3 whether consequential orders including injunction, delivery up, damages inquiry, costs, additional damages, and dissemination should be granted

Ratio Decidendi

The first defendant failed to comply with court orders, justifying strike out of its defence and entry of judgment for the claimant. Consequential orders for injunction, delivery up, and damages inquiry are conventional and appropriate. Summary assessment of costs cannot be conducted without sufficient evidence; directions are given for written assessment. Additional damages and dissemination orders require further evidence and application.

Court Disposition

first defendant's defence struck out; judgment entered for claimant; consequential orders granted as specified

Orders

  • injunction granted
  • order for delivery up