Patentees are advised to mark their products and packaging with
patent numbers. In addition, when they become aware that a
competitor is somewhat close to their patented invention, patentees
are also encouraged to ensure that the competitor knows of the
existence of their patent.
The consequence of not adhering to this good practice was felt
by Schenck Rotec GmbH recently. In a recent case in the English
Patents Court, Schenck v Universal Balancing [2012] EWHC 1920
(Pat), Schenck's European patent (UK) No. 1520161,
claiming a device for fastening balancing weights to rotors, was
found to be both valid and infringed. However, their victory was
phyrric. Universal Balancing did not know that the patent existed
prior to a meeting they were called to in July 2010 with Schenck.
Furthermore, Universal Balancing argued that they had no reason to
believe that the patent existed. HHJ Birss, sitting as a judge of
the High Court, agreed and held that Schenck were not entitled
