Legal Cases

Case 1 - Mandy Nicola Haberman v (1) Difrax, (2) Kruidvat and (3) Royal King

I brought action in Holland against Difrax, a company found to be distributing infringing cups supplied by Royal King Infant Products Ltd (Thailand). During a visit to the Private Label Manufacturers Association trade fair in May 2000 in the Netherlands my colleagues came across infringing training beakers marketed by Royal King Infant Products Ltd (Thailand).

Following an application to the Court, these goods were seized by my legal representatives and a Court Bailiff.

Proceedings were subsequently brought against Difrax, Royal King and another distributor of the Royal King products in the Netherlands, Kruidvat. Shortly before the hearing date in the Dutch courts, a settlement was reached with the three Defendants under which they undertook to cease infringing my patent rights and to deliver up any remaining stocks.

Pursuant to the terms of the settlement, more than 18 000 cups were delivered up to me. I donated these to two UK based charities, the Jacob's Well Appeal and Operation Christmas Child. The charities distributed the cups to hospitals, orphanages and medical centres in Afghanistan and throughout Eastern Europe.

Case 2 - Mandy Nicola Haberman v Icoma Babyworld

In 1999, I brought proceedings against a Dutch distributor, ICOMA BABYWORLD, who was found to be marketing infringing trainer cups under the name of "Babico Toys".

Proceedings in Holland were commenced in the Hague in the Netherlands in December 1999 against Icoma together and the two directors and shareholders of that company.

At the hearing which took place in January 2000, the Judge indicated that in his opinion the Babico device infringed my European patent and suggested that the parties reach a settlement of the action. Negotiations were then entered into between the parties' respective advisors. The negotiations resulted in Icoma agreeing to cease all further infringing activities not only in the Netherlands but also in Germany, Spain, France, Italy and the United Kingdom. They also agreed to make a contribution towards my legal costs.

Case 3 - Mandy Nicola Haberman and V&A Marketing v Jackel International Limited ("Tommee Tippee") CH1998 H No. 4568 - Anywayup Cup UK Patent GB No. 2266045

In 1998, Plaintiff, I brought an action in collaboration with my exclusive licensee, V&A Marketing, the Plaintiff, against Jackel International for infringement of my UK patent in respect of their manufacture of "Tommee Tippee" non-drip cups.

A full trial of the case took place before Mr Justice Laddie in the High Court of Justice, London in December 1998. In a judgment handed down in January 1999, Mr Justice Laddie found the patent to be valid and infringed and granted an injunction restraining further sales of the trainer cups in question. The Judge also granted a certificate of contested validity.

Jackel International subsequently entered an appeal against this decision, which was due to be heard in April 2000. However prior to the hearing of the appeal, the action and the appeal were settled by agreement of the parties. As part of the settlement, Jackel Limited agreed to withdraw their challenges to the validity of my UK patent and to make a payment to us in respect of damages and costs.

Case 4 - Mandy Nicola Haberman v (1) Playtex Products, Inc, (2) Gerber Products Company,  (3) Wal-mart Stores, Inc. Case No: CV-05-0224-5

In 2005 I took an action in Wisconsin (a 'Rocket Docket' state) against Playtex, Gerber and Walmart, for infringment of my US patents 6102245 and 6116457. (I later dropped the action against Wal-Mart as they had merely been selling goods supplied.)

Happily, Playtex settled out of court. The case against Gerber went to trial and was heard by Judge Shabaz in front of a jury. It then went to appeal in Washington, after which we reached a stale-mate position and agreed a settlement. (See Riding the American Rocket for a full account of my US experiences.)

://CORPORACT       Web design by Tribal Systems