Even amongst litigators there’s a common preconception that IP cases are complex, and not the sort of cases that are amenable to summary judgment – but is that really the case?
In the UK, early determination is sought under CPR 3.4 or CPR 24 – strike out or summary judgment respectively. This article will run through the recent unsuccessful summary judgment and strike out application in Red Bull v Big Horn ([2018] EWHC 2794 (Ch); as reported in CityAM) to assess whether IP claims really are too complex for early determination.
To round things off we’ll look at three IP summary judgment success stories (one copyright, one designs, and one patent) to see the kind of cases that do fit the bill.… Read more...
