UK High Court of Justice Chancery Division Patents Court Order HC11C01668 decision regarding infringement of patent EP(UK) 0800407B1.
Claimant: Wallenius Water AB
Claimant: BioZone Scientific International
Defendant: Airscience Technology International Limited
Hearing Officer: The Honorable Mr. Justice Arnold
Hearing Date: 10 June 2011
Decision Date: 16 June 2011
HC11C011668
PENAL NOTICE
If you BRIAN DEWSBERY of 6 Woodpecker Close, Great Barford, Bedfordshire, MK44 3BG disobey this order you may be held in contempt of court and may be imprisoned, fined or have your assets seized.
If you AIR SCIENCE TECHNOLOGY LIMITED of 1st Floor, Venture House, 6 Silver Court, Watchmead, Welwyn Garden City, Hertfordshire AL7 1TS disobey this order you may be held in contempt of court and may be fined or have your assets seized.
Any other person who knows of this order and does anything which helps or permits any of the Defendants to breach the terms of this order may also be held to be in contempt of court and mav be imprisoned, fined or have his assets seized.
UK High Court of Justice Chancery Division Patents Court Order HC11C01668 decision regarding infringement of patent EP(UK) 0800407B1.
Claimant: Wallenius Water AB
Claimant: BioZone Scientific International
Defendant: Airscience Technology International Limited
Hearing Officer: The Honorable Mr. Justice Arnold
Hearing Date: 10 June 2011
Decision Date: 16 June 2011
HC11C011668
PENAL NOTICE
If you BRIAN DEWSBERY of 6 Woodpecker Close, Great Barford, Bedfordshire, MK44 3BG disobey this order you may be held in contempt of court and may be imprisoned, fined or have your assets seized.
If you AIR SCIENCE TECHNOLOGY LIMITED of 1st Floor, Venture House, 6 Silver Court, Watchmead, Welwyn Garden City, Hertfordshire AL7 1TS disobey this order you may be held in contempt of court and may be fined or have your assets seized.
Any other person who knows of this order and does anything which helps or permits any of the Defendants to breach the terms of this order may also be held to be in contempt of court and mav be imprisoned, fined or have his assets seized.
UK High Court of Justice Chancery Division Patents Court Order HC11C01668 decision regarding infringement of patent EP(UK) 0800407B1.
Claimant: Wallenius Water AB
Claimant: BioZone Scientific International
Defendant: Airscience Technology International Limited
Hearing Officer: The Honorable Mr. Justice Arnold
Hearing Date: 10 June 2011
Decision Date: 16 June 2011
HC11C011668
PENAL NOTICE
If you BRIAN DEWSBERY of 6 Woodpecker Close, Great Barford, Bedfordshire, MK44 3BG disobey this order you may be held in contempt of court and may be imprisoned, fined or have your assets seized.
If you AIR SCIENCE TECHNOLOGY LIMITED of 1st Floor, Venture House, 6 Silver Court, Watchmead, Welwyn Garden City, Hertfordshire AL7 1TS disobey this order you may be held in contempt of court and may be fined or have your assets seized.
Any other person who knows of this order and does anything which helps or permits any of the Defendants to breach the terms of this order may also be held to be in contempt of court and mav be imprisoned, fined or have his assets seized.
IN THE HIGH COURT OF JU;
(CHANCERY DIVISION
CLAIM Ni
HCUCO1668
‘THE HONOURABLE MR JUSTICE NORRIS °°
FRIDAY THE 10" DAY OF JUNE 2011 709).
BETWEEN:- eT ON
(1) WALLENIUS WATER AB
(a company incorporated under the Laws of Sweden:
Previously known as BenRad Akticbolag)
(2) BIOZONE SCIENT TH (CANTERNATIONAL OY
(a company incorporg a aKeLaws of Fi
Claimants
(2) AIR SCIENCE TEC! HNOLOGY (INTERNATIONAL) LIMITED
(Previously known as AirSteril (International) Limited
Defendants
ORDER
PENAL NOTICE ea
If you BRIAN DEWSBERY of 6 Woodpecker Close, Great Barford, Bedfordshire MK44 3BG
disobey this order you may be held in contempt of court and may be fined or have your assets
seized.
If you AIR SCIENCE TECHNOLOGY LIMITED of 1° Floor, Venture House, 6 Silver Court,
Watchmead, Welwyn Garden City, Hertfordshire AL7 ITS disobey this order you may be held
in contempt of court and may be imprisoned, fined or have your assets seized,
Any other person who knows of this order and does anything which helps or permits any of the
Defendants to breach the terms of this order may also be held to be in contempt of court and
may be imprisoned, fined or have his assets seized.UPON THE CLAIMANTS’ Application by Notice dated the 19 May 2011
AND UPON hearing Counsel for the Claimants and Counsel for the Defendants
AND UPON THE Claimants each undertaking as is set out in Schedule B hereto
IT IS ORDERED THAT:
1. The First Defendant and the Second Defendant be restrained until after the trial of this
action from manufacturing, offering for sale or otherwise disposing of air purification
units known as the AirSteril Washroom Range of the kind illustrated on the
Defendants’ website, a copy of which can be seen at page 338 of “MOTI”, or air
purification units substantially the same thereas or in which the product requires the
UV radiation to break down the ozone in the presence of the catalyst at the same time
as the ozone is being generated.
PROVIDED SPECIFICALLY THAT it shall not be a breach of this injunction for
the Defendants to repair or maintain such units already supplied to customers at the
date hereof, nor to make, offer for sale, sell or dispose of units not containing a means
for generating ozone or in which the UV radiation cannot break down the ozone in the
presence of the catalyst at the same time as the ozone is being generated.
2. The costs of this Application be Claimants’ costs in the case.
GUIDANCE NOTES
Effect of t
Order
A Defendant who is an individual who is ordered not to do something must not do it himself
or in any other way. He must not do it through others acting on his behalf or on his
instructions or with his encouragement.
A Defendant which is a corporation and which is ordered not to do something must not do it
itself or by its directors, officers, employees or agents or in any other way
Variation or discharge of this Order
The Defendants (or anyone notified of this Order) may apply to the Court at any time to vary
or discharge this Order (or so much of it as affects that person), but anyone wishing to do so
must first inform the Claimant's legal representatives.Parties other than the Claimants and Defendants
Effect of this Order: It is a Contempt of Court for any person notified of this Order
knowingly to assist in or permit a breach of this Order. Any person doing so may be sent to
prison, fined or have his assets seized.
Interpretation of this Order
In this Order, where there is more than one Defendant, (unless otherwise stated) references to
“the Defendant” means both or all of them,
A requirement to serve on “the Defendant” means on each of them. However, the Order is
effective against any Defendant on whom it is served.
An Order requiring “the Defendant” to do or not to do anything applies to all Defendants
Communications with the Court
All communications to the Court about this Order should be sent to the Chancery Listing
Clerk, Listing Office, Room WG4, Royal Courts of Justice, Strand, London WC2A 2L
quoting the case number. The telephone number is 0207 947 6778/6690. The offices are
open between 10 am and 4.30 pm Monday to Friday.
Schedule A
Witness Statements:
The Claimants relied on the three Witness Statements of Michael Oswald Tackley made on
17" May 2011, 7" June 2011 and 9" June 2011 and filed on behalf of the Claimants.
The Defendants relied on the Witness Statement of Brian Dewsbery made on 23" May 2011
and filed on behalf of the Defendants.
Schedule B
Undertakings given to the Court by the Claimants:-
1, If the Court later finds that this Order has caused loss to the Defendants or either of
them, and decides that the Defendants should be compensated for that loss, the
Claimants will comply with any Order the Court may make.
Anyone notified of this Order will be given a copy of it by the Claimant’s legal
representatives.
‘The Claimants will pay the reasonable costs of anyone other than the Defendants
which have been incurred as a result of this Order and if the Court later finds that this
Order has caused such person loss, and decides that such person should be
compensated for that loss, the Claimants will comply with any Order the Court may
make,4. If for any reason this Order ceases to have effect, the Claimants will forthwith take all
reasonable steps to inform, in writing, any person or company to whom he has given
notice of this Order, or who he has reasonable grounds for supposing may act upon
this Order, that it has ceased to have effect
Name and Address of Claimants’ Legal Representatives
‘The Claimants’ Legal Representatives are:- MeGuireWoods London LLP, 11 Pilgrim Street,
London, EC4V 6RN. The partner responsible for this matter is Michael Tackley who can be
contacted by telephone on 020 7632 1600, by fax on 020 7632 1638 and/or by email on
mitackley@meguirewoods com,
Dated this 10" day of June 2011a HC11CO1668
JUSTICE
PATENTS COURT
Norris, J.
10 June 2011
BETWE!
(1) WALLENIUS WATER AB
(a company incorporated under
the Laws of Sweden previously
known as Benrad Aktiebolag)
(2) BIOZONE SCIENTIFIC INTERNATIONAL
oy
(a company incorporated
under the Laws of Finland)
Claimants
-and—
(1) BRIAN DEWSBERY
(2) AIRSCIENCE TECHNOLOGY
INTERNATIONAL LIMITED
Defendants
ORDER
McGUIREVWOODS
ax: +44 (0920 7632 1638
MT/5604403/0001