Protecting Patent Witnesses; Ip Round-Up Is On Its Way

Patent threats - only this fourth dimension it's the witnesses

has flora this niggling IP illustration on the LexisNexis All England Direct subscription service. It has non (yet) appeared on Lawtel, Westlaw or BAILII. It's Cinpres Gas Injection Ltd v Melea Ltd, a Patents Court determination of Mr Justice Pumfrey yesterday.

In short, Cinpres was involved inward patent litigation inward which it proposed to submit the bear witness of a witness who formerly worked amongst Melea only after came over to Cinpres. After the witness claimed he had received a telephoned threat from a old colleague who remained on Melea's side, Cinpres applied ex parte for an injunction to confine Melea from interfering amongst its witnesses. No skeleton declaration or draft gild had been prepared for the hearing of that application and, after the solicitor for the threatened witness told the courtroom what his customer had said to him next the telephone call, the injunction was granted against Melea interfering inward whatever agency at all. Melea applied for the injunction to survive laid aside, arguing, that the wording of the injunction was likewise wide as well as vague.

Witnesses inward patent litigation convey to a greater extent than to contend
with than answering tricky questions

Pumfrey J allowed the application as well as laid aside the injunction. He held equally follows:

* The to a greater extent than serious the nature of the injunction applied for, the to a greater extent than desirable it was that uncovering survive given to the political party who was at the receiving halt of it, unless the application was truly urgent, when giving uncovering would frustrate the move of the relief sought, or where it was non practicable to produce as well as then inward the fourth dimension available.

* In this illustration a grave allegation was made, that at that spot had been a serious interference amongst a witness. This made it to a greater extent than desirable that uncovering been given . However, Cinpres offered no explanation was provided past times the claimant equally to why uncovering had non been given:that amounted to a grave procedural fault.

* In all the circumstances, having visit to the wording of the injunction, the existing injunction would survive discharged as well as a differently-worded gild substituted.

does wishing that these tantalising niggling notes would convey all the actually juicy (and necessary) details, such equally the nature of the threat(s) as well as the wording of the injunction both earlier as well as after the decision. Even so, this illustration is a handy reminder that the normal rules of fair play utilise fifty-fifty inward the sinister demi-monde of patent infringement.


IP Round-UP

The tenth Annual Intellectual Property Law Conference, organised past times CLT, volition survive held on Tuesday 24 Jan 2006 at the Cafe Royal, nearly Piccadilly Circus inward London's West End. This year's consequence is supported past times the IPKat, who furnished his consultancy services inward helping to pattern the content of the papers.

This year's action-packed programme includes topics such equally the electrical current nation of U.K. implementation of European Union IP norms, litigating IP rights inward Europe, the novel rules on detaining goods at the border, copyright infringement inward the iPod era, the latest amendments to employee inventor rules, database correct post-BHB v William Hill and basic shifts inward merchandise score as well as pattern infringement.

Speakers include the Ian Karet (Linklaters), Paul Joesph Freshfields), Catriona Smith (Allen & Overy), Dominic Dryden (Slaughter as well as May) as well as Lord Chancellor's Appointed Person Professor Ruth Annand (Taylor Wessing, right).

Programme as well as booking details here