Committal for Contempt of Court – Open Court: Business and Property Courts of England and Wales, Intellectual Property List (Chancery Division), Patents Court

|Contempt of Court

Pursuant to paragraph 13 of Practice Direction: Committal for Contempt of Court – Open Court dated 26 March 2015

In relation to claim no. HP-2018-000033 on 11 October 2019 at the Royal Courts of Justice in London, Recorder Douglas Campbell QC sentenced Mr Thomas Flitcroft to 2 months imprisonment for contempt of Court. This sentence was suspended for 6 months on condition that Mr Flitcroft commit no other contempts during the 6 month period.

The basis of the sentence was that Mr Flitcroft committed a total of 8 breaches of an order made on 12 June 2019 by Recorder Campbell QC, in particular paragraphs 5(a), 6(a), 6(b), 7, and 8 thereof.

These paragraphs required Mr Flitcroft (and the other Defendants, of which Mr Flitcroft is the controlling mind): not to infringe the Claimant’s UK Patent GB 2 415 714 by offering infringing “Injectawall” products; to destroy brochures showing such infringing “Injectawall” products; to remove certain copyright works from the Defendants’ websites at www.flitcraftecobuild.co.uk and www.flitcraft.co.uk; and to serve an affidavit confirming compliance with these requirements.

Mr Flitcroft breached these paragraphs by continuing to offer infringing “Injectawall” products; failing to destroy brochures showing such infringing products; failing to remove the copyright works from the Defendants’ websites; and failing to serve the required affidavit.

The Court imposed a sentence of 2 months in respect of each of the 8 breaches, the sentences to run concurrently, and each sentence being suspended for 6 months on condition that Mr Flitcroft commit no other contempts during the 6 month period.