Taylors’
I.P. client, Scottish engineering
manufacturer Stem Drive Limited, has
successfully defended proceedings
for royalties allegedly arising
under a Patent and Know-How Licence
from inventor Don Ellam.
Don Ellam alleged that Stem Drive
had been manufacturing mixers (used
to assist the decomposition of
sewage) in accordance with patents
belonging to Mr Ellam and that he
was therefore entitled to royalties
relating to the sales value of those
mixers in accordance with the terms
of the Licence.
The claim was defended by Taylors
I.P. team, led by Tony Catterall, on
the basis that the mixers now
manufactured by Stem Drive fell
outside of the scope of the
Claimant's patents. A single joint
expert report was commissioned by
the parties in an attempt to resolve
the dispute. However, that report
was inconclusive given that the case
raised complex issues involving the
construction and interpretation of
the patents which could only be
determined by a Judge at trial.
At the trial on 16 April 2010 the
Judge dismissed the claim and
accepted that the Claimant could not
establish that Stem Drive’s mixing
systems fell within the scope of the
licenced patents.
Stem Drive is delighted by the
outcome. Had the Claimant been
successful, he would have been
entitled to very substantial
royalties. Stem Drive’s MD Graham
Hind said:
“I take this opportunity to
thank Tony Catterall for his
guidance and advice during the
defence of the case brought against
me and Stem Drive Limited. Also, my
sincere thanks to Elizabeth Black
and Charlotte Barron for their help
in the past and at the trial. I am
both relieved at the ruling and
delighted to have won.” |
