The UK High Court of Justice rules on the enforceability of patent non-challenge clause (Knorr / Bremse Systems / KBS)

Background The Claimant is an English company which is part of the World's largest brake systems manufacturing group (the KBS Group). It is a wholly owned subsidiary of a German company (KBS GmbH). The Defendant is a German company and is part of a group of companies which, along with the KBS Group and one other group of companies, dominates the global market for the manufacture and supply of braking systems for the motor industry. KBS GmbH had developed a valve which the Defendant claimed infringed its German patent. The Defendant made a claim against KBS GmbH in the German courts but the dispute was settled in 2006 by means of a settlement agreement entered into by the Defendant and KBS GmbH (Settlement Agreement). The Claimant was not expressed to be a party. The Settlement

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  • Pinsent Masons (London)

Quotation

Robert Eriksson, The UK High Court of Justice rules on the enforceability of patent non-challenge clause (Knorr / Bremse Systems / KBS), 7 February 2008, e-Competitions February 2008, Art. N° 16066

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