Make or Mend: Schütz v Werit reaches the Supreme Court
Schütz (UK) Ltd v Werit (UK) Ltd [2013] UKSC 16 Supreme Court Lords Neuberger, Walker, Mance and Kerr and Lady Hale) This was an appeal against the decision of the Court of Appeal in Schütz (UK) Ltd v Werit (UK) Ltd [2011] EWCA Civ 303, [2011] Bus LR 1510, [2011] FSR 19 which I had blogged in "Patents: Schütz (UK) Ltd v Werit (UK) Ltd " on 2 April 2011. The point in this appeal was whether cross-bottling - the practice of replacing the a 1,000 litre bottle that had been supplied by Schütz (U.K.) Limited, the exclusive licensee of a patent for a type of intermediate bulk carrier ( "IBC" ) like the one pictured above, with one supplied by a third party such as Werit - amounted to making for the purpose of s.60 (1) (a) of the Patents Act 1977 . In the Patents Court, Mr. Justice Floyd held that it did not (see Schutz (UK) Ltd v Werit UK Ltd and Another [2010] EWHC 660 (Pat), [2010] Bus LR 1244...