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Nampak Plastics Europe Ltd v Alpla UK Ltd [2014] EWCA Civ 1293

Case Summary  |  Judgment  |   9 October 2014

 

Adrian Speck QC and Henry Ward successfully appeared for the Defendant/Respondent, Alpla UK Ltd, in this appeal relating to plastic milk bottle patents. Nampak Plastics Europe Ltd, the Claimant/Appellant, contended that Mr Justice Birss QC wrongly entered summary judgment against them.
Lord Justice Floyd highlighted the necessary caution in summary judgments, such as this, where the dispute involves patent construction issues. However, to avoid summary judgment a party had to provide at least some explanation of why the expert evidence would make a difference to questions of construction, and here there was none. The relevant bottle did not infringe on the proper construction of the claims. The appeal was dismissed.
Adrian Speck QC and Henry Ward were instructed by TLT LLP.