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REF : City Technology Ltd. v. Alphasense Ltd.
Judgement in a patent infringement
action between City Technology and Alphasense was handed down on Thursday
26 October 2000 at the High Court in London.
It was held that the claims of CTL's UK Patent No. 2094005 (relating to
its toxic gas sensor design) are valid and that the CO-BF sensors and
associated designs manufactured by Alphasense infringe this patent.
Alphasense has until 16 November 2000 to cease manufacture and supply
of its CO, H2S, and SO2 cells and other cells made to this design. In
addition, orders to deliver up all infringing sensors and for payment
of costs and damages were also made against Alphasense, with £100,000
being ordered to be paid on account within the next eight weeks. We are
concerned that the ban on the manufacture and supply of Alphasense toxic
gas sensors may give rise to some disruption to supplies for some Alphasense
customers in the short-term, and we would be very willing to assist in
overcoming any such difficulties if we can.
We took legal action in this case since it was felt that Alphasense's
design was a clear breach of our rights under the Patent. This belief
has now been completely vindicated by the High Court's decision. Over
many years CTL has funded significant levels of R&D expenditure and we
continue to place great emphasis on new product development, with over
8% of sales spent on R&D last year. The protection of this investment
and the associated intellectual property portfolio is therefore seen as
being of value to both the company and its large number of customers.
City Technology recognises that fair competition in the market place encourages
a stable commercial market and ensures that customers benefit from the
product development that competition encourages, and we value the challenges
that fair competition offers. Thus we will continue to invest and provide
our customers with a steady stream of high quality products at competitive
prices.
CTL is grateful for the assistance provided by the lawyers from
Walker Morris of Leeds led by Patrick Cantrill, the Head of Intellectual
Property and from Iain Purvis, Counsel of 11 South Square, Gray's Inn.
If you would like to discuss this further with CTL management, both Kevin
Breen (Chief Executive) and Tony Cowburn (Technical Director) should be
available by phoning CTL on +44 (0)23 9232 5511 or via e-mail to Kevin.Breen@citytech.co.uk
.
30 October, 2000
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