European IP Bulletin - Issue 81, June 2011

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In This Issue:

PATENTS; TRADE MARKS; COPYRIGHT; COMMUNITY DESIGN; CONFIDENTIALITY; DATA PROTECTION; INTELLECTUAL PROPERTY; E-COMMERCE; and EU.

PATENTS:

Musion Systems Ltd v Activ8-3D Ltd: Disposal, Making and Offer to Supply

In Musion Systems Ltd v Activ8-3D Ltd [2011] EWPCC 12, the

judge ruled on a preliminary issue in a patent infringement action regarding the extent to which various acts by four Defendants amounted to offering for disposal, manufacture and supply of certain infringing apparatus under Section 60(1)(a) of the Patents Act 1977 (the Act).

BACKGROUND

The Claimant alleged that the Defendants had infringed its patent by the manufacture, offer to supply and supply of image projection apparatus; the keeping of said apparatus; the subsequent use of that apparatus to demonstrate to potential customers, which the Claimant said also amounted to an offer to supply to those customers; the use of image projection apparatus at a theatre to demonstrate the apparatus to potential customers, which the Claimant also alleged amounted to an offer to supply; the subsequent manufacture and supply of apparatus to customers to whom it had been demonstrated; the manufacture, offer to supply, supply and use of image projection apparatus as demonstrated on a website; and the offer to supply to specific customers...

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