Source: All England Reporter
Publisher Citation: [2005] All ER (D) 247 (Nov)
Court: Chancery Division

Lewison J

Representation Andrew Lykiardopoulos (instructed by Bristows) for the claimant.
  Hugo Cuddigan (instructed by Wilmer Cutler Pickering Hale & Dorr LLP) for the defendant.
Judgment Dates: 18 November 2005


Patent - Infringement - Injunction - Application for interim injunction - Balance of convenience - Whether goods imported by defendant infringing claimant's patent.

The Case

The claimant's application for delivery up by the defendant of all the flooring material it was importing, on the basis that it infringed an injunction restraining the defendant from infringing the claimant's patent, would be dismissed, as there was a serious issue to be tried, namely whether or not the defendant's product did or did not infringe the patent, and an arguable defence to a claim of patent infringement.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.