James Mellor QC and Andrew Lykiardopoulos appeared on behalf of the Claimant and Richard Meade and Tom Moody-Stuart appeared on behalf of the Defendant during this trial heard by Mr Justice Floyd in September 2008. The Claimant sought a declaration of non-infringement and revocation of two of the Defendant’s patents, both relating to shoes with waterproof and breathable soles and methods for making such shoes. The Claimant’s case was that the patents were invalid for obviousness but that if they were valid its own products did not infringe. The Judge held that the patents were not obvious and so were valid, and concluded that the Claimant was only entitled to a declaration of non-infringement in relation to one of the two patents.
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