Justice Carr in the UK has weighed into case management of design infringement cases in a big way.
Mortimer J has ruled that print outs of third party websites are inadmissible as hearsay and, if not, excluded under s 135 of the Evidence Act as unduly prejudicial.
VIP Plastics has successfully sued BMW Plastics for infringing its patent for a “Variable-length Dip Tube for a Fluid Transfer Container”. The most interesting point to emerge is why the expert evidence on one side prevailed and, on the other, failed – even so far as being rejected as inadmissible. How the battle was won As is typically the case, much of the battle turned on whether applicant’s expert evidence or.. Read More
Merck & Co. had successfully opposed Sherman’s application for a patent. Sherman appealed to the Federal Court from that rejection. Merck subsequently withdrew from the proceeding in the Court and the Commissioner was added as a party. The Commissioner filed an affidavit exhibiting a copy of the delegate’s decision upholding the opposition and the declarations which Merck had relied on in the opposition. The trial judge ruled these materials were.. Read More