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Patents Court considers exhaustion of patent rights for cement discharge system on ship (Parainen Pearl v Kristian Gerhard Jebsen)

Patents Court considers exhaustion of patent rights for cement discharge system on ship (Parainen Pearl v Kristian Gerhard Jebsen)
Published on: 12 October 2018
Published by: LexisPSL
  • Patents Court considers exhaustion of patent rights for cement discharge system on ship (Parainen Pearl v Kristian Gerhard Jebsen)
  • What was the background?
  • What did the court decide?
  • Manufacture or repair?
  • Exhaustion—insurance settlement
  • Exhaustion—sale
  • Implied licence
  • Case details

Article summary

IP analysis: These proceedings concerned an application by Parainen Pearl Shipping (PPS), the owners of a shipping vessel (the Vessel) which incorporates a pneumatic cement discharge system (the System), for a declaration that the use of this Vessel in the UK will not infringe KGJS’s patent because, by selling the Vessel and/or entering into an insurance settlement, KGJSC and the other defendants exhausted their rights under the patent in relation to the System or impliedly licensed the use of the System. The Patents Court held that the defendants did exhaust their rights under the patent by selling the vessel but if the defendants had not exhausted their rights under the patent, they did not impliedly license the use of the System by the claimants. or take a trial to read the full analysis.

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