Everseal Stationery Products Ltd v Document Management Solutions Ltd and others, Intellectual Property Enterprise Court, 1 April 2015,  EWHC 842 (IPEC), HHJ Hacon
The Intellectual Property Enterprise Court (IPEC) has found a patent for a “mailer” (a business form, letter etc which, after completion, is folded and then sealed around the edges) to be invalid for lack of novelty and obviousness. The judge, HHJ Hacon, held that the patent was anticipated by prior use of a third party’s mailer, and it lacked inventive step over each of two US patents cited as prior art.
He held that if the patent were valid it would be infringed by one of the first defendant’s mailers (no longer supplied) but not by the two other mailers (Mailers 2 and 3). Other defendants, officers of the first defendant, were alleged to be jointly liable for the first defendant’s infringements but the parties had elected that the issue of joint tortfeasance would be heard at the damages hearing if the judge’s findings were reversed on appeal.