19 September 2014
William Mark Corporation v Gift House International Ltd [2014] EWHC 2845 (IPEC), [2014] All ER (D) 127 (Aug)
The first claimant owned two UK patents for an invention entitled “flying shark” and the second claimant was the exclusive licensee of the first claimant in respect of both patents. The defendant devised and imported toys for sale in the UK, in particular, flying fish known as “mega fliers”. The claimants brought proceedings against the defendant alleging patent infringement. The Intellectual Property Enterprise Court held that both patents had been infringed and ruled on the validity of the claims within each patent.
