NOCO v Shenzhen Carku [2023] EWCA Civ 1502
NOCO owned GB 2 257 858 (the “Patent”), concerning battery-powered car jump starters. Carku revoked the Patent on grounds of obviousness. Carku also alleged that statements made by NOCO to Amazon were actionable threats of patent infringement proceedings under section 70 of the Patents Act 1977. Those statements led to Amazon removing from sale on its site (“delisting”) various of Carku’s products sold there by Carku’s distributors. Meade J had heard the trial between 12 and 19 July 2022 and decided that the Amazon statements were actionable threats of proceedings.
NOCO appealed the Judge’s decision on threats on the basis that the Amazon statements (properly construed in the context of Amazon’s intellectual property rights complaints procedure and NOCO’s relationship with Amazon) were not threats of litigation but merely requests to stop selling products. The appeal was heard and dismissed by Lewison, Arnold and Falks LLJ on 12 December 2023.
Hugo Cuddigan KC and Edward Cronan appeared for Carku, instructed by Powell Gilbert LLP. Adam Gamsa appeared as junior counsel for NOCO, instructed by Jones Day.