The Court of Appeal in Stretchline v H&M has upheld Sales J’s order striking out H&M’s defence and counterclaim that Stretchline’s patent is invalid. The Court of Appeal confirmed that such a defence and counterclaim were contrary to an agreement between the parties in settlement of an earlier action on the same patent. The Court also rejected H&M’s argument that it was not bound by the agreement because Stretchline was proposing to use a test for infringement which had not been in the parties’ contemplation at the time of the settlement agreement.
Nicholas Caddick Q.C. and Andrew Norris of Hogarth Chambers appeared for the successful Respondent to the Appeal. To read more click here.