Nicoventures Trading Ltd v Philip Morris Products, SA (A Company Formed Under the Laws of Switzerland) & Anor [2020] EWHC 1594 (Pat) (16 June 2020)

Nicoventures Trading Ltd v Philip Morris Products, SA (A Company Formed Under the Laws of Switzerland) & Anor [2020] EWHC 1594 (Pat) (16 June 2020)

There is real urgency for Philip Morris in the '460 Robinson case due to imminent commercial decisions for the IQOS product in the UK, which justifies expedition to a January/February trial. The desire to have a UK decision before the German trial is not sufficient alone, but the commercial context and evidence of urgency provide a good reason. There is no sufficient urgency or evidence to justify expedition of the Greim litigation.

Citation
[2020] EWHC 1594 (Pat)
Parties
Claimant / First Part 20 Defendant: Nicoventures Trading Limited; Defendant / Part 20 Claimant: Philip Morris Products, SA; Second Part 20 Defendant: British American Tobacco (Investments) Limited
Jurisdiction
England and Wales
Judgment Date
16 June 2020
Procedural Posture
Patent Litigation (expedition Application) / Interlocutory Application for Expedition
Outcome
Application for expedition of the '460 Robinson patent action granted; application for expedition of the Greim litigation refused.
Legal Topics
Expedition of Trial, Parallel Proceedings, Patent Infringement, Patent Validity
Intellectual Property Patents Expedition of Trial Parallel Proceedings Patent Infringement Patent Validity

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Parties

Nicoventures Trading Limited

Claimant / First Part 20 Defendant

Philip Morris Products, SA

Defendant / Part 20 Claimant

British American Tobacco (Investments) Limited

Second Part 20 Defendant

Procedural Posture

Patent Litigation (expedition Application) / Interlocutory Application for Expedition

Legal Issues

  1. 1 Whether there is a good reason to expedite the trial of the '460 Robinson patent action in the UK
  2. 2 Whether the Greim litigation should also be expedited

Ratio Decidendi

There is real urgency for Philip Morris in the '460 Robinson case due to imminent commercial decisions for the IQOS product in the UK, which justifies expedition to a January/February trial. The desire to have a UK decision before the German trial is not sufficient alone, but the commercial context and evidence of urgency provide a good reason. There is no sufficient urgency or evidence to justify expedition of the Greim litigation.

Court Disposition

Application for expedition of the '460 Robinson patent action granted; application for expedition of the Greim litigation refused.

Orders

  • The '460 Robinson patent action to be expedited for trial in January/February 2021.
  • No expedition of the Greim litigation.