||All England Reporter
|| All ER (D) 97 (Jun)
|| EWHC 1266 (Pat)
||Chancery Division, Patents Court
||Daniel Alexander QC and Mark Chacksfield (instructed by Bristows) for the claimant
||Simon Thorley QC and Justin Turner (instructed by Howrey LLP) for the defendant.
||10 June 2008
Patent - Infringement - Injunction - Interim injunction - Claimant alleging defendant's pharmaceutical product infringing patent - Claimant seeking interim injunction - Patent subject of previous litigation - Defendant submitting court's construction of patent in earlier proceedings leaving no issue to be tried on question of infringement - Whether serious issue to be tried.
It was seriously arguable that a subsequent court was not bound by a previous court's conclusion as to the correct construction of a patent specification if that conclusion turned in a material respect on evidence which was either lacking in the previous case or was materially different in the subsequent case.
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