Judgement of the Court of Appeal in Grimme v Scott On Friday 15th October 2010, judgement was handed down by the Court of Appeal (England & Wales) in the case of GRIMME LANDMASCHINENFABRIK GmbH & Co. KG against DEREK SCOTT (trading as “SCOTTS POTATO MACHINERY”) in case numbers A3/2009/2582 and A3/2009/2601. The Court upheld the validity of the entirety of Grimme’s patent EP (UK) 730 399 in its current form, and further held that Mr Scott's sales of his "Evolution" separator machine infringed the Grimme patent. The Court has injuncted Mr Scott from any further infringements and ordered him to pay costs and required that there be an inquiry as to the damage caused to Grimme or an account of the profits gained by Mr Scott from the infringement. Mr Scott remains at liberty to make sales of Evolution machines, provided (a) that the machines are fitted with no more than one resiliently deformable clod roller and (b) the sales are otherwise non-infringing. For further information, a copy of the judgement can be found here:
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