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Global Flood Defence Systems Ltd & Anor v Johan Van Den Noort Beheer BV & Ors [2016] EWHC 1851 (Pat)

Appeal considering the scope of the defence of justification to a claim for threats of proceedings for patent infringement. The Court held that the threatener is not required to demonstrate infringement of the particular patent right identified in the threat.  Rather, he must demonstrate that the acts identified in the threat infringe a patent, which includes rights arising from a published patent application.  Where the threatener relies on rights arising from a pending application, the Court may stay or adjourn the trial until grant to enable a defence of justification to be run.

[2016] EWHC 1851 (Pat)

 

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