Shenzhen Carku Technology Co., Ltd v The Noco Company
The Patent is invalid for obviousness over Projecta and Richardson; most Carku products do not infringe due to claim scope and lack of equivalence for relays; NOCO's communications to Amazon constituted actionable threats under s.70 Patents Act 1977 and were not justified.
- Parties
- Claimant: Shenzhen Carku Technology Co., Ltd; Defendant: The NOCO Company
- Jurisdiction
- England and Wales
- Judgment Date
- 04 August 2022
- Procedural Posture
- Patent Revocation and Infringement / Final Judgment
- Outcome
- Patent revoked for obviousness; actionable threats found; inquiry as to damages ordered.
- Legal Topics
- Patent Validity, Patent Infringement, Obviousness, Anticipation, Unjustified Threats
Case Brief
Summary, issues, holding and outcome
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Parties
Shenzhen Carku Technology Co., Ltd
Claimant
The NOCO Company
Defendant
Procedural Posture
Patent Revocation and Infringement / Final Judgment
Legal Issues
- 1 Whether UK Patent GB 2 257 858 is invalid for obviousness or anticipation
- 2 Whether Carku's products infringe the Patent
- 3 Whether NOCO's communications to Amazon constituted actionable threats under s.70 Patents Act 1977
Ratio Decidendi
The Patent is invalid for obviousness over Projecta and Richardson; most Carku products do not infringe due to claim scope and lack of equivalence for relays; NOCO's communications to Amazon constituted actionable threats under s.70 Patents Act 1977 and were not justified.
Court Disposition
Patent revoked for obviousness; actionable threats found; inquiry as to damages ordered.
Orders
- Declaration of patent invalidity
- Inquiry as to damages for unjustified threats
Full Case Text
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