Musion Systems Limited v. (1) Activ8-3D Limited (2) C2R Limited (3) David Dutton (4) Simon David Humphreys, Patents Count Court, London, UK, 18 May 2011,  EWPCC 012
The Patents County Court has decided a preliminary issue in an action concerning the alleged infringement of Musion’s patent UK 2,427,708 entitled “Projection Apparatus and Method for Pepper’s Ghost Illusion”. It was not in dispute that the C2R defendants (C2R and David Dutton) had done the acts relied upon by Musion but the Activ8 defendants (Activ8-3D and Simon Humphreys) denied that they had done most of acts relied upon by Musion. The purpose of the preliminary issue hearing was to decide whether the Activ8 defendants had done the relevant acts.
HHJ Birss QC held that the Activ8 defendants had either performed potentially infringing acts or were liable for such acts, if infringing, as joint tortfeasors. The judgment sets out detailed findings of fact relating to the activities of the defendants and, in the circumstances of the case, HHJ Birss QC held that evidence regarding the use of particular company e-mail addresses could support a finding of joint tortfeasorship.
Read the decision (in English) here.
Head note: Rob Fitt