“…276 has previously been litigated in proceedings brought against different defendants with a different outcome. In Blue Gentian LLC v Tristar Products (UK) Ltd [2013] EWHC 4098 (Pat) Birss J held that GB 276 was valid, including over McDonald, and had been infringed by the defendants. His conclusions were upheld by this Court: [2015] EWCA C…”
“…cally be a hose designer with exposure to both garden and technical hoses. This was a different conclusion to that reached by Birss J in Blue Gentian v Tristar [2013] EWHC 4098 (Pat), but one which it is now common ground he was entitled to reach on the evidence which he heard. One must therefore put Birss J’s conclusion on the issue of obv…”