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Reports of Patent, Design and Trade Mark Cases Advance Access originally published online on March 2, 2008
Reports of Patent, Design and Trade Mark Cases 2008 125(4):269-302; doi:10.1093/rpc/rcn008
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© Crown Copyright

[2008] R.P.C. 12

Società Esplosivi Industriali SpA v Ordnance Technologies (UK) Ltd

High Court of Justice (Chancery Division)

(Lindsay J.): October 29–31, November 1, 6, 7 and December 5, 20071

[2007] EWHC 2875 (Ch), [2008] R.P.C. 12

Design right—Infringement—Multiple Warhead Systems—Joint venture between claimant and first defendant—First trial in 2004 finding breach of contract by first defendant—Design right issues adjourned—Use of joint venture design as starting point in later projects by first defendant—Further breaches of contract—Reproducing by means of design documents—Whether "for the purpose of enabling articles to be made" a subjective test—Third defendant sole director and shareholder of first defendant—Director's liability—Whether joint tortfeasor


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