Engineering firm Ambar Kelly is using the recently updated Patent County Court Rules to take Lowe Engineering (Midland) Limited to court for allegedly infringing patents of its RiserSafe® system.
The new rules, introduced on 1st October 2010, substantially reduce and cap the cost of going to court to protect patents, making it easier for small companies to defend their rights against bigger, wealthier rivals.
Legal experts predict that they will have a huge impact upon any unscrupulous company with deep pockets who used to be able to drag out proceedings until smaller companies gave in.
Previously, trying to enforce patent rights could cost up to £1 million in legal fees.
Ambar Kelly’s RiserSafe® system is a revolutionary new safety product that substantially reduces the risk of construction workers falling through voids in floors during building construction.
In addition, the RiserSafe® system reduces overall project costs and project build time – essential factors to keep a project within budget.
Ambar Kelly allege that Lowe Engineering (Midland) Ltd have produced a product which infringes their patent.
The lawsuit was filed on 17/01/11 at the Patents County Court, London.
Ambar Kelly’s Managing Director, Alex Bardett said: “It is regrettable that we have had to issue litigation against Lowe Engineering (Midland) Limited. They could have avoided this court action by taking a licensing option that was offered to them in the past.
“However, these designs are our property and our livelihood. We are committed to protecting the interests of our shareholders, customers and other stakeholders.
“Thanks to these new changes in patent protection rules, we, and other companies like ours, have the power to enforce our patent.”
Patent Law appears to be little understood in the UK Construction Industry. Most Main Contractors wrongly believe that any liability for patent infringement by one of their Sub Contractors rests with that Sub Contractor.
Instead the whole procurement chain and ultimately the Client purchasing the building, which uses a patent infringing product, may also be held to be infringers.
Recent changes in the Patent County Court mean that the costs of bringing action are now significantly reduced and capped at a level that allows SME’s recourse to the courts to protect their interests. Damages payable by offenders remain unlimited.
Got a story? Email news@theconstructionindex.co.uk
