SharkNinja v Dyson (UPC_CoA_297/2024)
Decision date:
03 December 2024
Osborne Clarke summary
- Dyson lodged an application for provisional measures against SharkNinja in the Munich LD, alleging infringement by SharkNinja of its patent relating to hand-held vacuum cleaners. The Munich LD ordered an interim injunction against SharkNinja, finding that it was more likely than not that Dyson's patent was valid and that it had been or would imminently be infringed.
- SharkNinja appealed to the Court of Appeal, arguing that the contested embodiments did not infringe the patent in suit, that the Munich LD's claim construction was erroneous and that it made an incorrect assessment of the validity of the patent in suit.
- The Court of Appeal decided that a feature of the patent claim (cyclonic separating apparatus) was not realised by the SharkNinja products based on the videos provided and therefore it was not more likely than not that the patent was infringed. As such, the preliminary injunction against SharkNinja was lifted by the Court of Appeal. As a result of its finding that the patent was not more likely than not infringed, it did not need to examine the other grounds of appeal raised by SharkNinja.
Issue
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