Spin Master Ltd v PMS International Group [2017] EWHC 1477 (Pat) (09 May 2017)

Spin Master Ltd v PMS International Group [2017] EWHC 1477 (Pat) (09 May 2017)

The court must limit evidence and trial length in registered design cases to what is strictly necessary, focusing on the overall impression and technical constraints, and avoid irrelevant issues such as copying. Disclosure and amendments are only permitted where directly relevant to liability or damages, and expert evidence is restricted to technical function and design freedom.

Citation
[2017] EWHC 1477 (Pat)
Parties
Claimant: Spin Master Limited; Defendant: PMS International Group
Jurisdiction
England and Wales
Judgment Date
09 May 2017
Procedural Posture
Intellectual Property Infringement and Counterclaim for Unjustified Threats / Case Management Conference
Outcome
Case management directions given; no final determination of infringement or threats at this stage.
Legal Topics
Community Registered Design Infringement, Unjustified Threats, Case Management, Disclosure, Expert Evidence
Intellectual Property Civil Procedure Community Registered Design Infringement Unjustified Threats Case Management Disclosure Expert Evidence

Case Brief

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Parties

Spin Master Limited

Claimant

PMS International Group

Defendant

Procedural Posture

Intellectual Property Infringement and Counterclaim for Unjustified Threats / Case Management Conference

Legal Issues

  1. 1 Whether the defendant's product infringes the claimant's Community Registered Design
  2. 2 Whether the claimant's threats of infringement were unjustified
  3. 3 Scope and admissibility of evidence and disclosure

Ratio Decidendi

The court must limit evidence and trial length in registered design cases to what is strictly necessary, focusing on the overall impression and technical constraints, and avoid irrelevant issues such as copying. Disclosure and amendments are only permitted where directly relevant to liability or damages, and expert evidence is restricted to technical function and design freedom.

Court Disposition

Case management directions given; no final determination of infringement or threats at this stage.

Orders

  • No order for further information on product features; parties to exchange photographs showing similarities and differences.
  • Defendant to disclose prior designs it intends to rely on.