BASF AG v ME2 Crop Protection Ltd & Anor [2004] EWHC 1718 (Pat) (25 May 2004)

BASF AG v ME2 Crop Protection Ltd & Anor [2004] EWHC 1718 (Pat) (25 May 2004)

An interlocutory injunction is justified because BASF has established 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 sought only restrains Me2 from doing what it is not licensed or permitted to do. The balance of convenience favours granting the injunction.

Citation
[2004] EWHC 1718 (Pat)
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
Patent Infringement/interlocutory Injunction / Application for Interlocutory Relief
Outcome
Interlocutory injunction granted
Legal Topics
Interlocutory Injunction, Patent Infringement, Parallel Importation, Product Approval, Damages
Intellectual Property Patent Law Interlocutory Injunction Patent Infringement Parallel Importation Product Approval Damages

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Parties

BASF A.G.

Claimant

ME2 Crop Protection Limited

First Defendant

Gerald McDonald

Second Defendant

Procedural Posture

Patent Infringement/interlocutory Injunction / Application for Interlocutory Relief

Legal Issues

  1. 1 Whether interlocutory injunction should be granted to restrain importation and sale of non-BASF monoclinic Metazachlor by Me2 Crop Protection Limited
  2. 2 Whether the harm to BASF is primarily financial and whether damages would be an adequate remedy
  3. 3 Whether Me2's financial position creates a risk that damages would not be recoverable

Ratio Decidendi

An interlocutory injunction is justified because BASF has established 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 sought only restrains Me2 from doing what it is not licensed or permitted 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.