| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 97 (Jun) |
| Neutral Citation: | [2008] EWHC 1266 (Pat) |
| Court: | Chancery Division, Patents Court |
| Judge: | Floyd J |
| Representation | 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. | |
| Judgment Dates: | 10 June 2008 |
Catchwords
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.
The Case
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.
Practice Areas
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