A scaffolding supply firm has won the latest round of its court battle to protect the patent of its trestle designs.
Wembley-based SafeStand had designed a new trestle system to comply with changes in the safety regulations for working at height and went to court over infringement of its work.
It subsequently sued Weston Homes, Weston (Logistics) Ltd and Weston Group Ltd over an infringement of three of its patents and three of its re-registered designs.
Last year, the High Court upheld its infringement claims on its patents but dismissed the claims against its re-registered designs, ruling they were “invalid” because they were not for a single product.
However, at London’s Court of Appeal the firm argued it was possible to register a design for a modular product, which consists of a series of parts that form the product once assembled, provided that it is a design of a single product.
On Wednesday (2 April), Lord Justice Arnold, sitting with Lady Justice Asplin and Lady Justice Laing, overturned the lower court’s ruling and unanimously allowed the appeal.
“In my judgement SafeStand is correct that each of the re-registered designs shows the design of a single modular product, and therefore they are not invalid on this ground,” Lord Justice Arnold said.
“It can be seen from the judge’s reasoning that, to the extent that he held that the re-registered designs were lacking in clarity, it was because it was not reasonably clear that they were each for a single product.
“Even assuming lack of clarity is a ground of invalidity, SafeStand submits that the re-registered designs are not unclear. I accept this. I would allow the appeal.”
SafeStand had argued that the judge was “wrong to think that the fact that the ladder bracket may be present or absent meant that there were alternative embodiments”.
“It is a single product which includes a part whose use is optional. The same two points apply to the kickboard bracket,” the court heard.
Lord Justice Arnold ruled the designs do depict a single modular product.
The judgement means SafeStand can now protect the patents on all six of its products.
SafeStand’s systems have previously been used in the £500m expansion of Shepperton Studios and luxury developments in Mayfair.