Source: All England Reporter
Publisher Citation: [2007] All ER (D) 163 (Jun)
Court: Chancery Division

Patten J

Representation John Blackmore (instructed by David Gist Solicitors, Bristol) for the claimants.
  Tom Moody-Stuart (instructed by Morgan Cole, Cardiff) for the defendants.
Judgment Dates: 15 June 2007


Patent - Infringement - Injunction - Patent in respect of shoe containing wheel - Claimants seeking interim injunction to restrain sale of allegedly infringing product - Defendants alleging sufficient funds to satisfy potential judgment - Whether damages adequate remedy. .

The Case

Patent Infringement. If damages in the measure recoverable would be adequate and the defendant was in a financial position to pay them, no injunction should normally be granted, however strong the claimant's claim might appear. The question whether a judgment could be satisfied had to be answered not simply by reference to the trading position of a company, but by reference to what the position would be on a balance sheet basis.

Practice Areas

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