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Client | Geox SpA

We recently advised Geox SpA, the well-known Italian footwear and clothing company, in a dispute against WL Gore & Associates GmbH, concerning certain of Geox's core patents relating to its famous footwear with waterproof yet breathable soles. 

Starting as a small family owned company less than 20 years ago, Geox has grown into a multi-billion euro publicly listed company, with a presence in 68 countries worldwide. The rapid growth of Geox has resulted primarily from the success of its unique patented footwear technology, incorporating holes in the outsole and a membrane underneath the wearer's foot, which allows the foot to "breathe". 

Gore initiated proceedings against Geox in the High Court in 2007, in an attempt to "clear the way" for its licensees to launch competing products on the market in the UK. In doing so, it sought revocation of a number of Geox's core patents covering the technology, and declarations that certain products it was seeking to licence did not infringe those patents. 

After a five day trial involving lengthy cross-examination of expert witnesses on technical issues, judgment at first instance was handed down in October 2008, overwhelmingly in Geox's favour. The decision, in which the validity of both Geox patents in suit was confirmed, and only one of two declarations granted to Gore, was subsequently upheld by the Court of Appeal in July 2009. 

Intellectual property partner Sebastian Moore led the litigation, assisted by associates Marcus Southerden and Darren Meale, and trainees Gavin Chesney, Alex Freelove, Julian Gauld and Srin Madipalli. With two Italian speakers in the team, we were also able to advise the client in Italian.

Sebastian Moore commented: "This was a very interesting case to be involved with. Aside from the multi-jurisdictional aspect, it involved deceptively technical issues and a large number of interim applications back-and-forth, one of which went up to the Court of Appeal. It also represented a particularly important result for our client, whose business model is centred on technology and innovation, and the intellectual property which protects it."