Venner Shipley represented No Climb Products in patent infringement dispute before the Intellectual Property Enterprise Court
Venner Shipley recently acted for No Climb Products Limited in a patent infringement claim before the Intellectual Property Enterprise Court (IPEC), under case number IP-2024-000126.
No Climb Products is a leading designer and manufacturer of innovative solutions for the functional testing of fire and smoke detectors. The dispute concerned the patent which covers the company’s Smoke Sabre® smoke detector testing product, an important safety offering.
The patent at the centre of the proceedings was originally drafted and prosecuted by Nikesh Patel of Venner Shipley, reflecting the legacy relationship with the client and its technology.
No Climb Products became concerned when a competitor launched a product that it believed infringed its patent. Proceedings were subsequently commenced in the Intellectual Property Enterprise Court to protect the company’s intellectual property rights and market position.
The trial took place over two days on 10 and 11 March 2026. The Court was asked to consider several key issues, including:
- The proper construction of the patent claims to determine if there was infringement;
- Whether some of the alleged acts amounted to contributory infringement;
- Whether the defendant’s product constituted a staple commercial product; and
- Whether the patent lacked novelty and/or inventive step in light of the prior art relied upon by the defendant.
No Climb Products won its case in a judgment handed down by HHJ Hacon on 22 April 2026. The case highlights the importance of robust patent protection for innovative products and demonstrates how patents can play a critical role in helping businesses safeguard their market position against competing products.
Venner Shipley worked closely with No Climb Products throughout the dispute.
The case serves as a reminder that securing strong patent protection is only one part of an effective intellectual property strategy; enforcing those rights when necessary can be equally important in preserving competitive advantage and protecting the investment in innovation.
Venner Shipley team: Dan Byrne and Nikesh Patel
Other parties: Josh Marshall of 8 New Square Chambers acted as counsel for No Climb Products
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