A scaffolding supply firm has won the latest round of its court battle to protect the patent of its trestle designs.<\/p>\n
Wembley-based SafeStand had designed a new trestle system to comply with changes in the safety regulations for working at height and went to court over infringement of its work.<\/p>\n
It subsequently sued Weston Homes, Weston (Logistics) Ltd and Weston Group Ltd over an infringement of three of its patents and three of its re-registered designs.<\/p>\n
Last year, the High Court upheld its infringement claims on its patents but dismissed the claims against its re-registered designs, ruling they were \u201cinvalid\u201d because they were not for a single product.<\/p>\n
However, at London\u2019s Court of Appeal the firm argued it was possible to register a design for a modular product, which consists of a series of parts that form the product once assembled, provided that it is a design of a single product.<\/p>\n
On Wednesday (2 April), Lord Justice Arnold, sitting with Lady Justice Asplin and Lady Justice Laing, overturned the lower court\u2019s ruling and unanimously allowed the appeal.<\/p>\n
\u201cIn my judgement SafeStand is correct that each of the re-registered designs shows the design of a single modular product, and therefore they are not invalid on this ground,\u201d Lord Justice Arnold said.<\/p>\n
\u201cIt can be seen from the judge\u2019s reasoning that, to the extent that he held that the re-registered designs were lacking in clarity, it was because it was not reasonably clear that they were each for a single product.<\/p>\n
\u201cEven assuming lack of clarity is a ground of invalidity, SafeStand submits that the re-registered designs are not unclear. I accept this. I would allow the appeal.\u201d<\/p>\n
SafeStand had argued that the judge was \u201cwrong to think that the fact that the ladder bracket may be present or absent meant that there were alternative embodiments\u201d.<\/p>\n
\u201cIt is a single product which includes a part whose use is optional. The same two points apply to the kickboard bracket,\u201d the court heard.<\/p>\n
Lord Justice Arnold ruled the designs do depict a single modular product.<\/p>\n
The judgement means SafeStand can now protect the patents on all six of its products.<\/p>\n
SafeStand\u2019s systems have previously been used in the \u00a3500m expansion of Shepperton Studios and luxury developments in Mayfair.<\/p>\n","protected":false},"excerpt":{"rendered":"
A scaffolding supply firm has won the latest round of its court battle to protect the patent of its trestle designs. Wembley-based SafeStand had designed a new trestle system to comply with changes in the safety regulations for working at height and went to court over infringement of its work. It subsequently sued Weston Homes, …<\/p>\n","protected":false},"author":155153,"featured_media":518155,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"ep_exclude_from_search":false},"categories":[578,57171],"tags":[],"yoast_head":"\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\t\n\t\n\t\n