Patents - Excel-Eucan Ltd v Source Vagabond Systems Ltd
Jane Lambert Patents Court (HH Judge Melissa Clarke) Excel-Eucan Ltd v Source Vagabond Systems Ltd [2019] EWHC 3175 (Pat) (21 Nov 2019) This action began as a claim for: a declaration that a patent licence agreement subsisted between the parties, royalties payable under that agreement or, alternatively, damages for breach of the agreement. The defendant counterclaimed for declarations that: the agreement had been terminated, the agreement was unenforceable in the absence of a valid patent, the claimant's patents had not been infringed by the manufacture and sale of items that the defendant claimed to have developed independently of the claimant. and, no royalties were payable in respect of the manufacture and sale of those items. By the time the action and counterclaim came on for trial, the defendant had admitted that the licence agreement had not been terminated and was valid and binding and that the claimant held valid pa...