Source:	All England Reporter
Publisher Citation:	[2012] All ER (D) 112 (May)
Neutral Citation:	[2012] EWCA Civ 593
Court:	Court of Appeal, Civil Division
Judge:	Laws, Etherton and Kitchin LJJ
Representation	Iain Purvis QC and Andrew Lykiardopoulos (instructed by Bristows) for the claimants.
	Anthony Watson QC, Daniel Toledano QC and Harris Borr (instructed by Taylor Wessing LLP) for the defendants.
Judgment Dates:	3 May 2012

Catchwords

Injunction - Interim - Cross-undertaking in damages - Ex turpi causa non oritur actio - Claimant bringing action for patent infringement against defendant - Defendant's commercial activities being restrained by interim injunction pending trial of main infringement action - Claimants giving cross undertaking in damages - Patent found to be invalid - Injunction discharged and enquiry into damages for defendants ordered - Patent valid in Canada and defendants found to be infringing patent by manufacture in Canada - Court ruling that defendants not entitled to claim damages in respect of restriction of activity illegal in Canada - Defendant appealing - Whether court erring.

The Case

Injunction Interim. The Court of Appeal, Civil Division, held that, in the circumstances, it was no defence to the defendant's claim for damages on a cross-undertaking in damages, granted in respect of an unsuccessful claim for patent infringement, that the allegedly infringing articles had been manufactured in Canada in breach of the claimant's Canadian patent.

Practice Areas

• Company Commercial
• Dispute Resolution
• Personal Injury

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