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A B C D E F G H I J K L M N O P R S T V W Y

Brabners help Lowe settle patent dispute with Ambar Kelly

Brabners help Lowe settle patent dispute with Ambar Kelly

Tuesday 3rd March 2015

Leading North West law firm Brabners has advised Lowe Riser Pod Limited and Lowe Engineering (Steel Construction) Limited in reaching a satisfactory and amicable settlement of a patent dispute.

The patent dispute involved a product called a Lowe Riser Pod, which is a pod/cover assembly which protects against falls in riser shafts in multi-storey buildings under construction.

Brabners Intellectual Property Partner Colin Bell acted for Lowe along with Intellectual Property Executive Hayley Hall. Colin Bell said: "We are pleased to have assisted Lowe reach a successful outcome in their patent dispute and avoid the need for a court hearing, allowing Lowe to continue to carry on their business and focus their efforts on commercial activities rather than litigation."

Statement from Ambar Kelly and Lowe:

Ambar Kelly and Lowe have agreed to settle their patent dispute in the Intellectual Property Enterprise Court. Neither party makes any admissions or accepts any liability, however the parties have reached a mutually satisfactory and amicable settlement. The full terms of the settlement are confidential.

Ambar Kelly are the proprietors of UK Patent No 2429021. Lowe are steel manufacturers whose business includes the sale of certain products which Ambar Kelly alleged infringed their patent. Lowe denied infringement and counterclaimed for invalidity of the patent.

The parties have agreed to withdraw their respective claims and have agreed a back dated retrospective patent licence between the parties under which Lowe are entitled to make, sell, dispose of, offer to dispose of, possess, use, import, keep or otherwise deal with products that may be considered to fall within certain claims of the patent.

"We believe that this resolution is positive for both Ambar Kelly and Lowe and our respective customers, partners and industry" said Alex Bardett of Ambar Kelly Limited and Nigel Lowe of Lowe Riser Pods Limited.

"I am pleased that we have achieved this settlement which is a successful outcome as it removes uncertainty for Lowe and its customers and allows us to continue to manufacture and sell our products without the threat of litigation." added Nigel Lowe.

“The settlement reflects the importance and value of Ambar Kelly’s intellectual property, which I am pleased to say remains valid and protected. Now we have reached this resolution, we can now direct our full attention on our business.” said Alex Bardett.

Ambar Kelly were represented in the Intellectual Property Enterprise Court by Henry Ward (instructed by HGF Law) and Lowe were represented by Mark Chacksfield (instructed by Brabners LLP).

For further information please contact:
Anne Griffiths, PR Manager
Brabners LLP
DD 0151 600 3072
Mobile 07772 052196
Email anne.griffiths@brabners.com