The Journal of Intellectual Property Law and Practice has published an article by partners Darren Smyth and Paula Flutter about the judgement in Nestec SA & Ors v Dualit Ltd & Ors, which concerned Nespresso coffee makers and their coffee capsules.
A key focus of this judgment was whether the supply of consumable coffee capsules for a portionized coffee machine would infringe a patent for that machine on the basis that such consumable coffee capsules would constitute an essential element of the portionized coffee machine invention, and if so, whether those consumables would constitute staple commercial products.
To read the JIPLP article in full, click here.