Excel-Eucan Ltd v Source Vagabond System Ltd

Excel-Eucan Ltd v Source Vagabond System Ltd

The case does not require extensive disclosure or witness evidence beyond what can be accommodated in the shorter trial scheme, and the trial can be completed within four days. Therefore, the case should remain in the shorter trial scheme.

Parties
Claimant: Excel-Eucan Ltd; Defendant: Source Vagabond System Ltd
Jurisdiction
England and Wales
Judgment Date
10 October 2018
Procedural Posture
Civil Commercial/intellectual Property / Case Management Conference; Application to Remove Case From Shorter Trial Scheme
Outcome
Application to remove case from shorter trial scheme refused; case to remain in shorter trial scheme.
Legal Topics
Patent Infringement, Licence Agreement, Repudiatory Breach, Case Management, Shorter Trial Scheme
Intellectual Property Commercial Law Civil Procedure Patent Infringement Licence Agreement Repudiatory Breach Case Management Shorter Trial Scheme

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Excel-Eucan Ltd

Claimant

Source Vagabond System Ltd

Defendant

Procedural Posture

Civil Commercial/intellectual Property / Case Management Conference; Application to Remove Case From Shorter Trial Scheme

Legal Issues

  1. 1 Whether the case should remain in the shorter trial scheme
  2. 2 Whether the licence was repudiated by the claimant
  3. 3 Whether the redesigned bag infringes the claimant’s patent

Ratio Decidendi

The case does not require extensive disclosure or witness evidence beyond what can be accommodated in the shorter trial scheme, and the trial can be completed within four days. Therefore, the case should remain in the shorter trial scheme.

Court Disposition

Application to remove case from shorter trial scheme refused; case to remain in shorter trial scheme.

Orders

  • Claim to remain in the shorter trial scheme.
  • Permission granted for defendant to amend defence and counterclaim.