Clarke Willmott has successfully defended Slõ Drinks which is based in Glossop, Derbyshire in a patent infringement claim brought by Australian food and drinks business, Trisco.
Slõ Drinks makes and sells dysphagia-friendly drinks, creating beverages for people who have difficulty swallowing (dysphagia). Its products, including Slõ Syrup (a liquid thickener for hot, cold, fizzy, or alcoholic drinks) and Slõ Milkshakes+ (pre-thickened nutritional drinks), help ensure safe hydration without choking and match the International Dysphagia Diet Standardisation Initiative (IDDSI) levels.
Trisco alleged that Slõ Drinks’ Slõ Syrup product infringed its EP 3457869 B1 patent (the “Patent”) for “a storage and delivery system for a stable liquid composition comprising a thickening agent and a polysaccharide suitable for increasing the viscosity of a liquid or semi-liquid foodstuff” and threatened to issue patent infringement proceedings against the business.
The allegations were rejected by Slõ Drinks on the basis that the Patent was invalid due to insufficiency, and it also lacked novelty. The European Patent Office (“EPO”) agreed with this analysis and revoked the Patent following opposition proceedings brought by Nestle. Trisco has lost its patent rights and Slõ Drinks has reserved its right to bring a claim against Trisco for unjustified threats under the Patents Act 1977.
The case is a reminder to patentees to closely examine the validity of the patents that they intend to rely upon in legal proceedings.
Mathew Done, Slõ Drinks’ Managing Director commented:
“When confronted with a false claim like this, you need people that have experience in this field. Clarke Willmott provided valuable advice; explained what to expect from proceedings, how to navigate them – with the resulting success.“
Slõ Drinks was represented by Richard Moore and Mohammed Algrieri of Clarke Willmott. Trisco was represented by Mewburn Ellis. Nestle was represented in the EPO by Mitscherlich.
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