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Stretchline Intellectual Properties Ltd v H&M Hennes & Mauritz UK Ltd [2015] EWCA Civ
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In these proceedings the claimant ("Stretchline") complains that the defendant ("H&M") has infringed its patent number GB 2,309,038 ("the Patent") and acted in breach of the terms of an agreement entered into between the parties by way of compromise of earlier proceedings for infringement of the same patent ("the settlement agreement"). The central question to which this appeal gives rise is whether H&M is precluded by the settlement agreement from challenging the validity of the Patent in these proceedings. The judge held that it was and struck out those parts of the defence and counterclaim which raised that issue. H&M now appeals against that decision.
In these proceedings the claimant ("Stretchline") complains that the defendant ("H&M") has infringed its patent number GB 2,309,038 ("the Patent") and acted in breach of the terms of an agreement entered into between the parties by way of compromise of earlier proceedings for infringement of the same patent ("the settlement agreement"). The central question to which this appeal gives rise is whether H&M is precluded by the settlement agreement from challenging the validity of the Patent in these proceedings. The judge held that it was and struck out those parts of the defence and counterclaim which raised that issue. H&M now appeals against that decision.
