PulseOn OY v Garmin (Europe) Limited [2018] EWHC 47 (Ch)
In this case PulseOn sued Garmin for infringement of both unregistered UK design right and registered community design. The claim related to the use of photoplethysmography in wearable heart rate monitors. Garmin was alleged to have infringed the rights in issue through the distribution of a wide range of wrist mounted fitness watches. The unregistered design claim was abandoned after the oral evidence from Garmin’s witnesses. The judge held that the registered designs had a narrow scope of protection in light of the applicable design constraints. As a result, none of the Garmin products was held to infringe and the claim was dismissed. Hugo Cuddigan acted for Garmin.
[2018] EWHC 47 (Ch)