BASF AG v ME2 Crop Protection Ltd & Anor

BASF AG v ME2 Crop Protection Ltd & Anor

An interlocutory injunction is justified because BASF has an arguable case of infringement, the harm to BASF is primarily financial but may be irrecoverable due to Me2's uncertain financial position, and the injunction only restrains Me2 from doing what it is not licensed or intending to do. The balance of convenience favours granting the injunction.

Parties
Claimant: BASF A.G.; First Defendant: ME2 Crop Protection Limited; Second Defendant: Gerald McDonald
Jurisdiction
England and Wales
Judgment Date
25 May 2004
Procedural Posture
Intellectual Property Patent Infringement / Interlocutory Application for Injunction
Outcome
Interlocutory injunction granted
Legal Topics
Interlocutory Injunctions, Parallel Importation, Patent Infringement, Damages, Reputation Risk
Intellectual Property Patent Law Interlocutory Injunctions Parallel Importation Patent Infringement Damages Reputation Risk

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Parties

BASF A.G.

Claimant

ME2 Crop Protection Limited

First Defendant

Gerald McDonald

Second Defendant

Procedural Posture

Intellectual Property Patent Infringement / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether BASF is entitled to an interlocutory injunction restraining Me2 from importing and selling non-BASF monoclinic Metazachlor
  2. 2 Whether Me2's product BOOTY infringes BASF's patent
  3. 3 Whether damages would be an adequate remedy for BASF

Ratio Decidendi

An interlocutory injunction is justified because BASF has an arguable case of infringement, the harm to BASF is primarily financial but may be irrecoverable due to Me2's uncertain financial position, and the injunction only restrains Me2 from doing what it is not licensed or intending to do. The balance of convenience favours granting the injunction.

Court Disposition

Interlocutory injunction granted

Orders

  • Me2 Crop Protection Limited is restrained from importing and selling non-BASF monoclinic Metazachlor pending trial