DLA Piper advises Safestand on successful appeal of patent ruling

DLA Piper has represented Safestand Limited, who have succeeded before the Court of Appeal in overturning a judgment in relation to the validity of their re-registered designs (RRDs) following a challenge brought by Weston Homes ([2025] EWCA Civ 374 CA.2024.000760 - Safestand Limited V Weston Homes Plc And Others). The Court of Appeal found that all of the contested RRDs relating to Safestand's access system are valid. Safestand designs and markets a market-leading modular scaffolding system for low level access platforms, designed to be a simple, cost effective, safe and versatile solution to working at height in construction.

The appeal centred on whether the RRDs represented a single product, and whether they had sufficient clarity. The Court of Appeal held that each RRD represented a single product with a modular design, and not different products or different embodiments of products. In particular, the use of colour in photographs of the designs in the RRD registration represented a code as to the different types of components included, and did not show alternative embodiments of the design. Therefore, the RRDs are not invalid on the grounds that the RRDs did not depict the design of a single product. When looking at clarity, the question as to whether lack of clarity is a ground of validity that can be raised post-grant was not specifically addressed by the Court of Appeal because it found that the RRDs are not lacking in clarity because it is clear that they are each a single product.

Safestand initially brought a case against Weston in respect of their ‘Kwik Kage’ system, alleging infringement of three of Safestand’s patents relating to safety features of modular scaffolding systems. Following a 7-day trial before HHJ Hacon, Weston were found to have infringed all three patents, and all were found to be valid.

Safestand’s legal team included Partner in DLA Piper’s IPT practice, Rebecca Lawrence, and Andrew Lykiardopoulos KC and Henry Edwards of 8 New Square.