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Nampak Plastics Europe Ltd v Alpla UK Ltd [2014] EWHC 2196 (Pat)

Case Summary  |  Judgment  |   3 July 2014


Adrian Speck QC  and Henry Ward  recently appeared for Alpla in a summary judgment application concerning the shape of blow moulded plastic milk containers.

Nampak had sued Alpla in respect of Alpla’s “ECO” design of plastic milk container, alleging that it infringed a patent owned by Nampak because of a certain feature of the geometry of its footprint. Alpla designed a new container known as the “ECO2” and applied for summary judgement on its counterclaim for a declaration of non-infringement in respect of that design.

Granting Alpla’s application, Birss J construed the patent, and on that construction, found the ECO2 design did not infringe and made a declaration accordingly. Nampak are pursuing an appeal.