In this high court patent trial, the largely victorious defendants were represented by Matthew Kime of these chambers, led by Alastair Wilson QC. Of particular note in the judgment is a ruling on the new s.70(2A) of the Patents Act 1977, concerning threats made in relation to a patent found to be invalid. It was held that the patentee did not have “reason to suspect” that the patent was invalid, without specifically identified invalidating prior art being drawn to their attention in correspondence from the alleged infringer, prior to any of the threats. The take-home message for patent lawyers is that, in a dispute where an allegation of invalidity of the patent is likely to be raised, and where threats may be made, then it seems relevant pieces of prior art should be identified specifically to the other side at the earliest possible stage.