EMW Picton Howell defends Vax in Dyson case

Dyson claimed that the design of the Vax Mach Zen was too similar to the Dyson DC02 – both are pull-along vacuum cleaners with a cyclonic design − in that the Vax design did not produce a different ’overall impression’ on the informed user, namely knowledgeable users of domestic vacuum cleaners.

The trial took place in early July 2010 at the Patents Court in London, before Mr Justice Arnold. The judgement was handed down on 29 July 2010 and Dyson’s claim was dismissed.

Dyson’s evidence was directed principally to nine features that were said to be common to both machines.

The judge found that these were either not particularly significant, or that there were important differences between those features in the two machines.

In addition to the nine features relied on by Dyson, the judge took into consideration other features and found at least half a dozen others where the products were different and would have an impact on the perception of the informed user.