|A new primer for IP litigants|
giving evidence ...
"39. This is a most unusual case. Mr Shanley has prevailed in his claims in respect of the use of the scoping tool by Lloyds despite his manifest and repeated dishonesty. But, as the judge himself observed, the fact that a claimant tells lies does not necessarily lead to the conclusion that the whole of his case is without substance. That was the position here. .... The judge did not misdirect himself in law and arrived at conclusions which were open to him on the evidence before him. I would therefore dismiss this appeal".Says this Kat, here's another case where the successful claimant and IP owners went to jail: Utopia v BBP Marketing, a design infringement case in which the claimants got six months and two months respectively. And let's not forget FH Brundle v Perry, where this Kat felt that a patent owner who made unwarranted threats to sue for infringement did quite enough to get to prison but hit an immovable object in the form of a merciful judge.
Merpel wonders what they do in other countries. Surely, particularly in the European Union, there should be a level playing field when it comes to dealing with miscreant IP litigants -- otherwise they might shop around for the jurisdictions in which they get the least punishment.
Lies, damned lies and statistics here
Little White Lies here
Regular sized White Lies here