Molnlycke Health Care AB and Another v BSN Medical and Another
| Jurisdiction | England & Wales |
| Judge | Lord Justice Jacob |
| Judgment Date | 12 October 2010 |
| Neutral Citation | [2010] EWCA Civ 988,[2010] EWCA Civ 1053 |
| Date | 12 October 2010 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case No: A3/2010/0210 |
[2010] EWCA Civ 1053
IN THE HIGH COURT OF JUSTICE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION PATENTS COURT
The Hon Mr Justice Floyd
Before: The Rt Hon Lord Justice Jacob
and
The Rt Hon Lord Justice Patten
Case No: A3/2010/0210
HC09 C03755
Piers Acland QC (instructed by Mayer Brown) for the Respondents/Claimants
Antony Watson QC (instructed by Powell Gilbert LLP) for the Appellants/Defendants
Jacob LJ (giving the Judgment of the Court):
The Court has considered a number of written representations from the solicitors for BSN seeking permission to appeal to the Supreme Court from our decision of 30 th July 2010. No application for such permission was made at the time we gave that decision, though it obviously could have been.
The case turned on whether the Swedish Court was first seized of the issue of whether or not the Mölnlycke patent claim covered the BSN actual products. We asked the Swedish Judge whether that was in issue and got a clear answer – not “as the case stands now.”
The matter relied upon for permission to appeal concerns communications between the Swedish Judge and the lawyers for BSN subsequent to our decision and a subsequent decision in Germany. The suggestion is that these materials show that the Swedish court may be seized of the issue.
Whether it is already so seized turns entirely on the evidence. As the evidence stood before us it was clearly not so seized. No question of principle —still less one of general importance – arises.
For that reason we refuse permission to appeal to the Supreme Court.
[2010] EWCA Civ 988
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM CHANCERY DIVISION
PATENTS COURT
Before: Lord Justice Jacob
and
Lord Justice Patten
(Mr Justice Floyd)
Case No: A3/2010/0210
Mr Anthony Watson QC (instructed by Messrs Powell Gilbert) appeared on behalf of the Appellant.
Mr Piers Acland QC (instructed by Mayer Browne International) appeared on behalf of the Respondent.
Lord Justice Jacob
This is an appeal from a decision of Floyd J refusing to stay an English patent action. The basis of the application before him was that there were prior proceedings in Sweden and that the case fell within Article 27 of the Brussels Regulation. There were other points too, none of which matter for present purposes.
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IP Bulletin - Spring 2013
...have been granted in the past both in the UK and in other Member States, for example in Mölnlycke Health Care v BSN Medical Ltd [2010] EWCA Civ 988, 30 July 2010. Counsel for Lilly and the judge appear to have overlooked this). The judge ruled that the importance of the factor raised by cou......