Shutz sued Werit for patent infringement, Delta for patent infringement, trade mark infringement and passing off. Both actions concerned the same subject matter, namely intermediate bulk containers, otherwise known as IBCs, and the same patents. Shutz was the exclusive licensee of the three patents in suit and the second defendant in each case was the registered proprietor and made a party pursuant to section 67(3) of the Patents Act.
Held: The case would proceed by directing that the trade mark and passing off actions be heard separately from the patents claim.
Judges:
Kitchin J
Citations:
[2009] EWHC 131 (Pat)
Links:
Statutes:
Cited by:
See Also – Schutz (UK) Ltd v Werit UK Ltd and Another PatC 31-Mar-2010
The claimant said that the defendant had infringed its patents regarding containers for the transport of liquids in bulk. The patent provided for a steel cage surrounding a large bottle. The defendant supplied refurbished or replacement bottles. The . .
See Also – Schutz (UK) Ltd v Werit (UK) Ltd CA 29-Mar-2011
. .
See Also – Schutz (UK) Ltd v Werit UK Ltd and Another CA 29-Jul-2011
. .
See Also – Schutz (UK) Ltd v Werit UK Ltd and Another CA 22-Nov-2011
. .
At Patents Court 1 – Schutz (UK) Ltd v Werit (UK) Ltd SC 13-Mar-2013
The parties disputed whether there had been an infringement of the claimant’s patent in respect for ‘intermediate bulk containers’ designed for the safe transport of liquids in bulk. They were a cage holding a plastic bottle. The defendant had a . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 30 July 2022; Ref: scu.368651