The judge then quoted from Graham J’s judgment in that case: Morton-Norwich Products v Intercen [1978] RPC 501:

If however I am wrong and the proper view is that Intercen have themselves done no acts here contributing to the actual commission of the tort, I still hold the view that by virtue of such common design they have no defence to the claim of joint tortfeasance. A person may be liable as a joint tortfeasor provided he has such common design although he has not himself done anything within the jurisdiction which taken by itself would amount to an actionable tort. See The Koursk [1924] at 140, and Brook v Bool [1928] 2 KB 578 at 586. I therefore hold here that the defendants are guilty of infringement of the English patent by reason of their acts of joint tortfeasance with the Easter companies, who in fact sold the material in question here.