LB Europe Ltd (t-a DuPont Liquid Packaging Systems) v Smurfit Bag in Box SA [2007] EWHC 510 (Pat)

Case Summary  |  Judgment  |   7 February 2007

The Defendants had a patented tap for pouring boxed wine. The Claimant developed its own 'Liqui-Sure' tap and contracted with a wine merchant (the Second Claimant) who planned to use the tap for two types of wine. The Defendant wrote a letter to the wine merchant threatening to sue them for allegedly infringing its patent by using the Liqui-Sure tap. The development of Liqui-Sure was put on hold during the litigation between the Defendant and the Second Claimant. The outcome of the litigation was that the Defendant's patent was valid but not infringed by the Liqui-Sure tap. The First Claimant then brought a claim against the Defendant claiming damages for the delay in getting the Liqui-Sure tap on the market. Adrian Speck represented the First Claimant. The Judge found in favour of the First Claimant that it did slow down the development of the Liqui-Sure tap as a result of the threat by the Defendant. The trial was heard during February 2007.