The Janger Ltd v Tesco Plc [2020] EWHC 3450 (IPEC)
The Claimant (“Janger”) is the proprietor of GB 2 552 562 B entitled “A hangable garment hook”. The Defendant (“Tesco”) was accused of infringement in respect of hangers known as the Meetick hangers, used for hanging jeans in its stores.
Tesco’s defence was to attack the validity of the patent on two grounds: (a) anticipation by or obviousness over United States Design patent no. 378 167 (“Jones”) and (b) anticipation by the prior disclosure of a garment hanger known as the Globalhanger to Marks & Spencer at a meeting on 1 October 2013.
Mr Recorder Campbell QC heard the trial on 3rd and 4th November 2020. The Judge held that the Patent was invalid for anticipation by (Claim 1) and obviousness over (Claims 4 and 5) Jones. He held that the Globalhanger design was disclosed to M&S but under conditions of confidence. Tesco were awarded costs of £46,161 (close to the IPEC cap of £50,000) and Janger were refused permission to appeal.
Adam Gamsa appeared as sole counsel for Tesco, instructed by Haseltine Lake Kempner LLP