| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 04 (May) |
| Court: | Patents County Court |
| Judge: | Judge Birss QC |
| Representation | Tom Hinchliffe (instructed by Hogan Lovells International LLP) for the claimants. |
| Martin Howe QC and Isabel Jamal (instructed by Maitland Walker LLP) for the defendant. | |
| Judgment Dates: | 27 April 2012 |
Catchwords
Patent - Infringement of patents - Specific mechanism - Defendant importing pharmaceutical 'Singulair' from Poland to UK - Claimant companies alleging infringement of European patent - Defendant relying on defence of Specific mechanism and fact claimants failing to object to imports following receipt of notification letter by defendant - Whether failure to demonstrate intention to exercise right under Specific Mechanism being bar to patentee's claim for damages for patent infringement - Whether claimants estopped from relying on patents rights.
The Case
Patent Infringement of patents. The Chancery Division, in allowing the claimants' action for infringement of a patent, held that the failure to demonstrate an intention to exercise rights under the Specific Mechanism, which formed part of the Act of Accession by which Poland joined the European Union, was not a bar to a patentee's claim for damages for patent infringement.
Practice Areas
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