Richard Davis KC and Laura Adde successfully obtained a declaration of non-infringement in this mechanical patent claim. The case involved interesting issues of indirect infringement under s.60(2) of the Patents Act including in relation to misuse of the alleged infringement contrary to fitting instructions. The issue arose in the context of whether a foreseeable use could be disregarded as essentially “maverick”. Reviewing the case law, the judge held that the test under s.60(2) excludes putting the invention into effect in a manner which a reasonable person having knowledge of all the relevant facts would regard as “irresponsible”.
This is the second case this year in which HHJ Hacon has had cause to look at the provisions on indirect infringement having previously done so in Prevayl v Whoop as to what constituted putting the invention into effect. Richard Davis KC acted for Prevayl in that earlier case.
