Excel-Eucan Ltd v Source Vagabond Systems Ltd [2019] EWHC 3175 (Pat) (21 November 2019)

Excel-Eucan Ltd v Source Vagabond Systems Ltd [2019] EWHC 3175 (Pat) (21 November 2019)

The 2017 Bag does not infringe amended claim 1 of GB'116 under normal interpretation, nor under the doctrine of equivalents, as it does not achieve substantially the same result in substantially the same way and strict compliance with the openable closure is essential. The 2017 Bag is not royalty bearing under the Licence Agreement. Excel is not entitled to an inquiry as to damages.

Citation
[2019] EWHC 3175 (Pat)
Parties
Claimant: Excel-Eucan Limited; Defendant: Source Vagabond Systems Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2019
Procedural Posture
Patent Infringement and Contractual Dispute / Judgment After Trial
Outcome
Claim dismissed; declaration of non-infringement granted to Source; no damages or royalties awarded to Excel.
Legal Topics
Patent Infringement, Doctrine of Equivalents, Contractual Interpretation, Royalty Obligations
Intellectual Property Contract Law Patent Infringement Doctrine of Equivalents Contractual Interpretation Royalty Obligations

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Parties

Excel-Eucan Limited

Claimant

Source Vagabond Systems Limited

Defendant

Procedural Posture

Patent Infringement and Contractual Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the 2017 Bag infringes amended claim 1 of GB2489116 under normal interpretation or doctrine of equivalents
  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 does not infringe amended claim 1 of GB'116 under normal interpretation, nor under the doctrine of equivalents, as it does not achieve substantially the same result in substantially the same way and strict compliance with the openable closure is essential. The 2017 Bag is not royalty bearing under the Licence Agreement. Excel is not entitled to an inquiry as to damages.

Court Disposition

Claim dismissed; declaration of non-infringement granted to Source; no damages or royalties awarded to Excel.

Orders

  • Declaration that the 2017 Bag does not infringe GB'116 as amended.
  • Declaration that the 2017 Bag is not royalty bearing under the Licence Agreement.