0370 270 6000

Patent infringement threats!

1 August 2013

If you’re unjustifiably threatened with patent infringement and cease activities as a result, you can in certain circumstances bring an action and recover damages.

That’s precisely what happened here.

Clariant Produkte (Deutschland) GbmH, a well known manufacturer of organic pigments wrote to Sudarshan Chemical Industries Ltd (another such manufacturer) about one of Sudarshan’s products, saying:

Certainly you will not be interested in continuously effecting a patent infringement, which may involve the most serious penalties to the infringer and his customers

The Court of Appeal, having found the relevant patent to be invalid, considered the letter to be a groundless threat to Sudarshan’s customers (even though it was only sent to Sudarshan).

It also found that Clariant could not rely on a defence that when it made the threat it did not know that the patent was invalid, by imputing onto Clariant knowledge of its patent attorney and inventor.

A reminder of the risks associated with alleging patent infringement.

Related opinions

The Future of Mediation

In an effort to build a stronger justice system, a shift in priorities has emerged away from adversarial court battles and more towards opportunities for consensual resolution. As one of the most popular forms of Alternative Dispute Resolution (ADR), mediation has become increasingly encouraged.

View blog

IR35 rules to be scrapped from April 2023

The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.

View blog

Cameras in convenience stores: a potential hornet’s nest..?

A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.

View blog

Covid Rent Arrears: Cinema operators’ appeals dismissed

The Court of Appeal has dismissed two cases regarding rent arrears accrued during the Covid lockdowns. The cases are London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and Bank of New York Mellon (International) Ltd v Cine-UK Ltd.

View blog

Mark Daniels

Mark Daniels

Partner and Head of Business Services

View profile

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up