Brain v Ingledew Brown Bennison & Garrett
| Jurisdiction | England & Wales |
| Date | 1995 |
| Year | 1995 |
| Court | Chancery Division |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
5 cases
-
Global Flood Defence Systems Ltd and Another v Johann Van Den Noort Beheer Bv and Others
...the grant of the patent. Section 70(1) refers only to threats of proceedings for infringement of a 'patent'. [20] In Patrick John Brain v Ingledew Brown Bennison & Garrett [1996] FSR 341 the Court of Appeal rejected such an over-literal construction of s.70(1). In that case the threat made ......
-
Global Flood Defence Systems Ltd and Another v Van Den Noort Innovations BV and Others
...it was argued that such a threat was not within the ambit of s.70(1) and therefore not actionable. This was rejected by Jacob J ( [1995] FSR 552). The argument was not pursued on appeal. Even so, it was again rejected in terms. Aldous LJ said this (at p.347–8): "I agree with the judge and ......
-
Global Flood Defence Systems Ltd and another v Johan Van Den Noort Beheer B.v and Others
...section 65(2) of the Patents Act 1949 from section 70(2) of the 1977 Act. 21 Jacob J rejected this argument for the following reasons ( [1995] FSR 552 at 556): "I think the argument is flawed. Section 70 continues to refer to a threatener who has no patent rights at all—'whether or not the ......
-
Cavity Trays Ltd v Rmc Panel Products Ltd
...Bowden Controls and therefore it is of no real help in resolving the issues before the court. 59 Finally I come to Brain v Ingeldew Brown (1995) FSR 552. In that case, Jacob J held that a threat to a user of a process which was not confined to a threat that proceedings would be brought in r......
Request a trial to view additional results
1 firm's commentaries
-
DONT YOU THREATEN ME!: Incurring Liability For Making Groundless IP Infringement Threats In The Light Of The Current Law Reform Consultation
...[2011] EWCA Civ 618. CP 212 17 April 2013; the deadline for responding to the consultation is 17 July 2013. see Brain v Ingledew Bennison [1995] FSR 552, et The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about you......