William Mark Corporation and China Industries Limited v Gift House International Limited, Intellectual Property Enterprise Court, HH Judge Hacon, London, UK, 22 August 2014, Case No.  EWHC 2845 (IPEC)
In a judgment of the Intellectual Property Enterprise Court (IPEC) handed down on 22 August 2014, the two patents in suit - UK patent no. GB 2482275 and its divisional GB 2483597 - were found valid (in full and partially, respectively) and to have been infringed by the Defendant’s importation and sale of flying fish toys known as “Mega Fliers”.
The Defendant’s invalidity attacks on both patents were based on claims of obviousness over two pieces of prior art; one of which was a full-sized airship rather than a toy – but still deemed to be read with interest by the skilled person and considered relevant.