|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 169 (May)|
|Neutral Citation:|| EWHC 1371 (IPEC)|
|Court:||Intellectual Property Enterprise Court|
|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|
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.