Dunlop Pneumatic Tyre Co., Ltd v. New Lamb Tyre Co., Ltd [1903] ScotLR 40_360 (17 February 1903)

Dunlop Pneumatic Tyre Co., Ltd v. New Lamb Tyre Co., Ltd [1903] ScotLR 40_360 (17 February 1903)

A prior certificate of validity under section 31 entitles the pursuer to expenses as between agent and client in a subsequent infringement action, even if the validity of the patent is not disputed in the latter action.

Citation
[1903] ScotLR 40_360
Parties
Pursuer/respondent: Dunlop Pneumatic Tyre Company, Limited; Defender/reclaimer: New Lamb Tyre Company, Limited
Jurisdiction
Scotland
Judgment Date
17 February 1903
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; motion for expenses as between agent and client granted
Legal Topics
Patent Infringement, Costs and Expenses, Certificate of Validity
Intellectual Property Civil Procedure Patent Infringement Costs and Expenses Certificate of Validity

Case Brief

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Parties

Dunlop Pneumatic Tyre Company, Limited

Pursuer/respondent

New Lamb Tyre Company, Limited

Defender/reclaimer

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether pursuers are entitled to expenses as between agent and client under section 31 of the Patents, Designs, and Trade-Marks Act 1883, despite validity of patent not being disputed in the present action

Ratio Decidendi

A prior certificate of validity under section 31 entitles the pursuer to expenses as between agent and client in a subsequent infringement action, even if the validity of the patent is not disputed in the latter action.

Court Disposition

appeal dismissed; motion for expenses as between agent and client granted

Orders

  • interdict granted as craved
  • expenses as between agent and client awarded to pursuers