Shenzhen Carku v NOCO [2022] EWHC 2034 (Pat)
NOCO owns GB 2 257 858 (the “Patent”), which concerns battery-powered car jump starters. Carku sought revocation of the Patent on grounds of obviousness over three prior art citations: Richardson, Krieger and a manual for a jump starter made by a company called Projecta. 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 distributors. NOCO counterclaimed for infringement.
Meade J heard the trial between 12 and 19 July 2022. The Judge decided that: (i) the Patent is invalid for obviousness over Richardson and Projecta but not Krieger; (ii) the Amazon statements were actionable threats of proceedings; and (iii) some of Carku’s products would have infringed by equivalence, had the Patent been valid.
Hugo Cuddigan QC and Edward Conan appeared for Carku, instructed by Powell Gilbert LLP. Adam Gamsa appeared as junior counsel for NOCO, instructed by Taylor Wessing LLP.