Excel-Eucan Ltd v Source Vagabond Systems Ltd

Excel-Eucan Ltd v Source Vagabond Systems Ltd

The 2017 Bag achieves substantially the same result in substantially the same way as the invention disclosed in GB'116, and strict compliance with the literal claim wording was not intended as essential. Therefore, the 2017 Bag falls within the footprint of GB'116 and is royalty bearing under the Licence Agreement. No inquiry into damages is ordered due to lack of pleaded loss, and costs will be determined after further submissions.

Parties
Claimant: Excel-Eucan Limited; Defendant: Source Vagabond Systems Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2019
Procedural Posture
Civil / Judgment
Outcome
Claimant succeeds in establishing infringement and royalty bearing status of the 2017 Bag; no inquiry into damages ordered; costs to be determined after submissions.
Legal Topics
Patent Infringement, Licence Agreement Interpretation, Doctrine of Equivalents, Breach of Contract, Indemnity Costs
Intellectual Property Contract Law Patent Infringement Licence Agreement Interpretation Doctrine of Equivalents Breach of Contract Indemnity Costs

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Parties

Excel-Eucan Limited

Claimant

Source Vagabond Systems Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 2017 Bag infringes GB'116 as amended
  2. 2 Whether the 2017 Bag is royalty bearing under the Licence Agreement
  3. 3 Whether Excel is entitled to an inquiry as to damages

Ratio Decidendi

The 2017 Bag achieves substantially the same result in substantially the same way as the invention disclosed in GB'116, and strict compliance with the literal claim wording was not intended as essential. Therefore, the 2017 Bag falls within the footprint of GB'116 and is royalty bearing under the Licence Agreement. No inquiry into damages is ordered due to lack of pleaded loss, and costs will be determined after further submissions.

Court Disposition

Claimant succeeds in establishing infringement and royalty bearing status of the 2017 Bag; no inquiry into damages ordered; costs to be determined after submissions.

Orders

  • Declaration that the 2017 Bag falls within the footprint of GB'116 and is royalty bearing under the Licence Agreement.
  • No inquiry into damages is ordered.