Nestec SA & Ors v Dualit Ltd & Ors [2013] EWHC 923 (Pat)
In this action it was alleged by Nestec that supplying compatible coffee capsules for Nespresso machines infringed two patents covering machines which used them. It was accepted by Nestec that the capsules were not novel and would also fit Nespresso machines not covered by the patents. It was argued that the supply of the capsules constituted contributory infringement under section 60(2) of the Patents Act. Arnold J ([2013] EWHC 923 (Pat)) held that the patents were invalid and, if valid, were not infringed. He said both that the supply of the capsules did not lead to a “making” of the machine with a capsule, following the recent decision of the Supreme Court in Schutz v Werit and that owners of the machines were impliedly licensed to use other capsules in Nespresso machines.
Members of chambers appeared for both parties, Benet Brandreth for the claimants and Mark Vanhegan QC and Anna Edwards-Stuart for the defendants.