Source: All England Reporter
Publisher Citation: [2015] All ER (D) 169 (May)
Neutral Citation: [2015] EWHC 1371 (IPEC)
Court: Intellectual Property Enterprise Court
Judge:

Judge Hacon

Representation Hugo Cuddigan QC (instructed by Kempner & Partners LLP, Leeds) for AP Racing.
  Douglas Campbell (instructed by Withers & Rogers) for Alcon.
Judgment Dates: 15 May 2015

Catchwords

Patent - Infringement - Proceedings for infringement - Practice - Striking out - Abuse of process - Claimant issuing claim for patent infringement against defendant (first action) - Patent concerning disc brake calipers for motor vehicles - Judge finding patent invalid - Claimants' appeal succeeding - Before electing between inquiry as to damages and account of profit, claimant seeking disclosure in relation to first action products and other calipers - Defendant limiting disclosure to first action products - Claimant abandoning claim for relief in inquiry concerning calipers other than first action products - Claimant starting fresh action against defendant, alleging patent infringement by defendant's manufacture and sale of calipers other than first action products - Defendant applying to strike out second claim, insofar as relating to seven types of caliper.

The Case

Patent Infringement. The defendant's application for strike out raised the issue of to what extent, where a claimant had succeeded in establishing infringement of his patent by reference to particular articles considered by the court, he could subsequently raise a further allegation of infringement of the same patent in relation to other articles. In the present case, the further allegation arose in a second action. The Intellectual Property and Enterprise Court, having reviewed the authorities on abuse of process, dismissed the defendant's application to strike out the second action.

Practice Areas

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