Leading UK shower brand Kohler Mira has won a patent infringement case against Norcros Holdings, Triton Showers’ parent company, after accusing it of copying its electric shower technology.
Kohler Mira is the UK’s leading shower products company, with more than 40% market share and operations in over 30 countries. Triton Showers is one of Kohler Mira’s biggest UK competitors in the shower market and Triton accounts for some 19% of Norcros Holdings groups revenues, with the likes of Johnson Tiles, House of Plumbing, Abode, Merlyn and Vado amongst other Norcros brands.
Mira Showers commenced proceedings in the Intellectual Property Enterprise Court in December 2022 claiming that Triton had infringed its patent, namely patent GB 2,466, 504 which covered Mira Showers’s dual outlet electric shower technology. Kohler Mira claimed that this patent was infringed by Tritons DuElec range of showers.
Triton denied the patent infringement and counterclaimed for revocation of the patent.
The trial took place on 8th and 9th of July 2024 in the Intellectual Property Enterprise Court, based at the Rolls Building in London.
In a judgment, which was handed down on Monday 16th December 2024, Her Honour Judge Melissa Clarke upheld Mira Showers’s patent to be valid and infringed. The judgment is however subject to appeal.
In essence the Court ruled that Triton had infringed on the patent (GB 2,466, 504) of Mira Showers’s dual outlet electric shower technology with its DuElec range of showers with the judge deciding that Mira’s concept was sufficiently inventive to deserve protection.
Mills & Reeve LLP, arguing on behalf of Kohler Mira, said that its client’s patent identifies the potential risk in dual outlet electric showers’ diverter valves slowing the flow of water, which could potentially create an unreasonably high water temperature that could lead to scalding.
The company’s 2008 patent was filed to overcome this risk, and claims: “the diverter valve is configured so that the flow rate is substantially unchanged during changeover.”
Triton tried to challenge Mira’s patent on the basis of novelty, obviousness and insufficiency in its argument for revocation of the patent.
However, awarding a win to the Kohler Mira patent infringement case, Judge Clarke noted: “Mira took the small and simple step of identifying the problem which I have found was known in the common general knowledge but appreciating that it could be solved by the installation of a diverter valve which leaves the flow rate substantially unchanged during changeover from one outlet to the other. That solution was under the noses of all of those involved in the design of electrics showers, yet they had not solved it.”
Emma Foster, managing director of Kohler Mira, stated: “We are thrilled with the fantastic result of our case against Triton…Kohler Mira invests significantly in research and development in the UK; one of the guiding principles of our company is to live on the leading edge of design and innovation”
Foster added; “..Consequently, we will always act to vehemently protect that investment, and our customers, if our intellectual property rights are infringed. We would like to extend our thanks to the legal team at Mills & Reeve and Three New Square IP for helping us to secure this comprehensive victory.”
source: Kbb News
