|Merpel thinks people who write inspirational|
messages have a lot to answer for
Today this Kat has already posted an item dealing with a fairly minor sort of persistence, where a charity could not bring itself to use a logo that was not confusingly similar to that of another charity and, convinced of the rectitude of its position, refused all advice to sit down with the other side and settle out of court. Now here's an example of a far more egregious case of misplaced persistence. It's Richard Perry v F H Brundle & Others, a saga that has entertained many a casual reader but saddened many a serious IP litigator. It has been in this blog before and may be here again. At any rate, it has been rumbling on again of late.
|But reality doesn't depend|
on whether you believe it
|Oh no we don't|
|This works for cats -- but not|
for IP litigants without cash
Judge Hacon granted the application to strike out. In his view:
* While Perry might have lodged some sort of application before the Court of Appeal, it was doomed to fail. He had exhausted all the avenues available to him to appeal against his bankruptcy and there was therefore no sound reason to stay the patent infringement proceedings rather than strike them out.
* Even if Perry did have a cause of action, the proceedings would still be barred because the cause of action was res judicata, being materially the same as the counterclaim in the first action. These proceedings were therefore totally without merit, as were four other applications that he had apparently brought in the course of the same proceedings.
But that's not all. Judge Hacon also issued an extended civil restraint order (CRO) against Perry, to stop him bringing any more versions of his action against Brundle. Last week, at  EWHC 2737 (IPEC), he gave his reasons. His judgment culminated, at , with the following assessment of the situation:
In my view there is a very real prospect that notwithstanding Mr Perry's calm and measured submissions in court, his sense of injustice will shortly be rekindled and that this will lead to further hopeless claims and/or applications. A limited CRO would not be sufficient because such claims and applications will probably be made wholly or in part outside these proceedings. I also accept Mr Baran's submission [on behalf of Brundle] that Mr Perry's applications have necessitated the expenditure of considerable sums by the Defendants which are unlikely to be recovered and that if Mr Perry is left alone the pattern of wasted expenditure will continue.Does anyone know how to appeal against a civil restraint order ...?