Schutz (UK) Ltd v Werit UK [2009] EWHC 131 (Pat) (23 January 2009)

Schutz (UK) Ltd v Werit UK [2009] EWHC 131 (Pat) (23 January 2009)

The just and convenient course is to hear the patent infringement proceedings first and, if necessary, the trade mark and passing off claims subsequently, to avoid overwhelming a small defendant and to allow for efficient case management without substantial prejudice to any party.

Citation
[2009] EWHC 131 (Pat)
Parties
Claimant: Schutz (UK) Limited; Defendant: Werit UK; Defendant: Delta
Jurisdiction
England and Wales
Judgment Date
23 January 2009
Procedural Posture
Patent and Trade Mark Infringement / Case Management Conference (cmc)
Outcome
Patent infringement proceedings to be heard first; trade mark and passing off claims to be heard separately if necessary.
Legal Topics
Patent Infringement, Trade Mark Infringement, Passing Off, Case Management, Exhaustion of Rights, Revocation of Patents
Intellectual Property Law Patent Infringement Trade Mark Infringement Passing Off Case Management Exhaustion of Rights Revocation of Patents

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Parties

Schutz (UK) Limited

Claimant

Werit UK

Defendant

Delta

Defendant

Procedural Posture

Patent and Trade Mark Infringement / Case Management Conference (cmc)

Legal Issues

  1. 1 Whether the activities of Werit and Delta amount to patent infringement
  2. 2 Whether Delta's actions constitute trade mark infringement and passing off
  3. 3 Whether the claims should be heard together or sequentially

Ratio Decidendi

The just and convenient course is to hear the patent infringement proceedings first and, if necessary, the trade mark and passing off claims subsequently, to avoid overwhelming a small defendant and to allow for efficient case management without substantial prejudice to any party.

Court Disposition

Patent infringement proceedings to be heard first; trade mark and passing off claims to be heard separately if necessary.

Orders

  • Patent action to be tried in February 2010.
  • Trade mark and passing off actions to be tried as soon as possible after 1 October 2010 if necessary.