Machinery Developments Ltd & Anor v St Merryn Meat Ltd & Anor [2005] EWCA Civ 29 (18 January 2005)

Machinery Developments Ltd & Anor v St Merryn Meat Ltd & Anor [2005] EWCA Civ 29 (18 January 2005)

It is inappropriate to stay the appeal because the EPO proceedings are likely to take four to five years, causing significant commercial and technical prejudice to the defendants, and the patentees have not demonstrated sufficient financial hardship to justify the delay. The undertakings offered do not eliminate the risks of prejudice. The application for a stay is refused.

Citation
[2005] EWCA Civ 29
Parties
Claimant/appellant in 2379, Respondent in 1419: Machinery Developments Limited; Claimant/appellant in 2379, Respondent in 1419: Pechiney Plastic Packaging Inc; Defendant/appellant in 1419, Respondent in 2379: St Merryn Meat Limited; Defendant/appellant in 1419, Respondent in 2379: Sealed Air Limited
Jurisdiction
England and Wales
Judgment Date
18 January 2005
Procedural Posture
Patent Infringement and Validity Appeal / Application to Stay Appeal Pending EPO Opposition Outcome
Outcome
Application dismissed with costs to be assessed
Legal Topics
Patent Infringement, Stay of Proceedings, Costs, European Patent Office Proceedings
Intellectual Property Civil Procedure Patent Infringement Stay of Proceedings Costs European Patent Office Proceedings

Case Brief

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Parties

Machinery Developments Limited

Claimant/appellant in 2379, Respondent in 1419

Pechiney Plastic Packaging Inc

Claimant/appellant in 2379, Respondent in 1419

St Merryn Meat Limited

Defendant/appellant in 1419, Respondent in 2379

Sealed Air Limited

Defendant/appellant in 1419, Respondent in 2379

Procedural Posture

Patent Infringement and Validity Appeal / Application to Stay Appeal Pending EPO Opposition Outcome

Legal Issues

  1. 1 Whether the appeal should be stayed pending the outcome of EPO opposition proceedings
  2. 2 Potential prejudice to parties from delay
  3. 3 Appropriateness of undertakings offered in lieu of injunction

Ratio Decidendi

It is inappropriate to stay the appeal because the EPO proceedings are likely to take four to five years, causing significant commercial and technical prejudice to the defendants, and the patentees have not demonstrated sufficient financial hardship to justify the delay. The undertakings offered do not eliminate the risks of prejudice. The application for a stay is refused.

Court Disposition

Application dismissed with costs to be assessed

Orders

  • Application for stay refused
  • Costs awarded to defendants, to be assessed