Parainen Pearl Shipping Limited v Kristian Gerhard Jebsen Skipsrederai SA [2018] EWHC 2628 (Pat)
A patent case concerning a specialised cement carrying ship that comprised a patented cement unloading system. The ship had suffered extensive damage when it ran aground in the Oslo Fjord. The Claimant was a purchaser of the damaged ship who had restored it to its pre-existing condition.
Issues arising included: patent exhaustion; application of the Schutz v Werit test of manufacture / repair; implied licence and estoppel. Arnold J held that the extensive works done to the ship amounted to repair and that there had been exhaustion when the damaged ship had been sold to a predecessor-in-title of the Claimant.
Kathryn Pickard appeared as junior counsel for the Defendant patentee.