Squire Patton Boggs’ Intellectual Property & Technology Practice secured another major victory for its client Process Components Limited (PCL) in the Court of Appeal on 14 December 2017.
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 first issued proceedings against Kason Europe Limited (Kason), formerly Kason Kek-Gardner Limited, in the High Court of Justice, Chancery Division, for copyright infringement, trade mark infringement, passing off, database right infringement, breach of confidence and breach of contract. Following trial in June 2016, which involved complex issues of fact and law, including judicial consideration of the law of construction, rectification, estoppel and termination, PCL was successful on all claims. Kason was granted permission to appeal on 27 February 2017.
The court has now dismissed Kason’s appeal and upheld the decision of Mrs. Justice Proudman at first instance. PCL was found by Court of Appeal to own the IP rights in its brands, trade marks and valuable engineering designs and technical information.
The Squire Patton Boggs team was led by Intellectual Property partner Carlton Daniel in London, with assistance from associate Rosie Duckworth and trainees Jessica Dye and Elsa Haj Houssain. Commenting on the decision, Carlton Daniel said: “Difficult issues of intellectual property and contract law have been clarified by the Court of Appeal in an elucidatory judgment. The decision represents a resounding victory in a complex case, which will now enable Process Components Limited to continue its expansion.”
The judgment can be found on the British and Irish Legal Information Institute’s website.