Squire Patton Boggs Intellectual Property & Technology Practice has secured a significant High Court victory in London for its client, Process Components Limited (PCL), against Kason Kek-Gardner Limited (KGL). Global engineering company PCL is a leading manufacturer and supplier of valves, components and spare parts for the powder and liquid processing and bulk handling industries.
PCL issued proceedings for copyright infringement, trade mark infringement, passing off, database right infringement, breach of confidence and breach of contract. PCL was successful on all claims and was found by the High Court of Justice, Chancery Division, to own the IP rights in its trade marks and valuable engineering designs and technical information.
The litigation involved complex issues of fact and law, including judicial consideration of the law of construction, rectification, estoppel and termination. The Court also had to consider the fundamental nature of intellectual property rights and their divisibility. Satellite litigation in the case also involved the restoration of a company to the Register of Companies and proceedings before the EU Intellectual Property Office.
On handing down Judgment, Mrs Justice Proudman held that PCL was also entitled to indemnity costs in respect of KGL’s failed interim injunction application. Further, PCL was held to be entitled to all of its costs of the remainder of the action, with 90% to be assessed on the indemnity basis.
The team was led by Intellectual Property partners Carlton Daniel and Carl Rohsler in London, with assistance from Intellectual Property partner Deborah Lodge in Washington DC, associate Rosie Duckworth in London and Restructuring & Insolvency partner Paul Muscutt in London, together with associate Andrew Johnson. Squire Patton Boggs instructed barristers Geoff Prichard and Georgina Messenger of Three New Square chambers for the trial of the action, with assistance from Adam Deacock of Radcliffe chambers.
Commenting on the ruling, Carlton Daniel said: “This was an expedited trial involving a combination of excellent teams working tirelessly on very difficult areas of law. We are delighted for PCL in having achieved what is nothing less than a complete victory over KGL, restoring PCL’s exclusive right to manufacture and sell its Kek and Gardner brands of industrial powder processing machines and components worldwide.”
The Judgment can be found on the British and Irish Legal Information Institute’s website.