Excel-Eucan Ltd v Source Vagabond System Ltd [2018] EWHC 3864 (Ch) (10 October 2018)

Excel-Eucan Ltd v Source Vagabond System Ltd [2018] EWHC 3864 (Ch) (10 October 2018)

The case is not of such complexity or disclosure requirement as to make it unsuitable for the Shorter Trial Scheme, and the trial can be accommodated within the four-day limit. Therefore, the claim should remain in the Shorter Trial Scheme.

Citation
[2018] EWHC 3864 (Ch)
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, Shorter Trial Scheme, Disclosure, Case Management
Intellectual Property Commercial Law Civil Procedure Patent Infringement Licence Agreement Repudiatory Breach Shorter Trial Scheme Disclosure +1 more

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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 agreement was repudiatorily breached by the claimant
  3. 3 Whether the redesigned bag infringes the claimant's patent

Ratio Decidendi

The case is not of such complexity or disclosure requirement as to make it unsuitable for the Shorter Trial Scheme, and the trial can be accommodated within the four-day limit. Therefore, the claim 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

  • Permission granted for defendant to amend defence and counterclaim.
  • Permission for claimant to file amended reply and defence to counterclaim.