The UK Court of Appeal has upheld a decision of the UK Patent Court where Mr Justice Birss gave summary judgment in an action for a declaration of non-infringement (Nampak Plastics Europe Ltd v Alpha UK Ltd 2014 EWHC 2196 (Pat)). The case, involving rivals in the plastic milk bottle business, saw the claimant Nampak Plastics Europe Limited bringing an action against Alpla UK Limited alleging infringement of its patent for a plastic milk container (ECO1). Alpla, denying infringement, produced a modified bottle (ECO2) and brought a claim for a declaration of non-infringement under Section 71 of the 1977 Patents Act and subsequently sought summary judgment from the court, which was granted.Continue Reading UK Court of Appeal not concerned with any spilt milk