Remfry v (1) GKN Aerospace Services; (2) Belcan Test Systems UK [2024] EWHC 1691 (Ch)
This patent infringement dispute concerns refuelling couplings for AJAX tanks. On this application for strike out / summary dismissal, the Patents Court considered the ‘knowledge’ requirement of indirect infringement in s60(2) Patents Act 1977.
In Grimme Maschinenfabrik v Scott [2011] FSR 7, the Court of Appeal held that s60(2) requires that at the time of supply of the means essential, the supplier must know (or it must be obvious to a reasonable person in the circumstances) that “some ultimate users will intend to use or adapt the means so as to infringe”. Here, the Patents Court considered the application of this test where there was only one ultimate user – the Ministry of Defence – holding that in such circumstances the patentee must show that that ultimate user “has or will form the requisite intention” [22].
Bacon J found that the pleaded facts did not satisfy the s60(2) test ([41]-[44]), and that there was no evidential material on which the patentee could rely to establish a sufficiently arguable case [54].
Christopher Hall acted as sole counsel for the Second Defendant.