AP Racing v Alcon Components

AP Racing v Alcon Components

The inclusion of the 7 Calipers in the 2015 Proceedings does not constitute abuse of process; AP Racing followed established practice, was not aware of the 7 Calipers at the relevant time, sought information from Alcon, and Alcon was neither oppressed nor harassed by their inclusion. The IPEC is not an exception to the general law, and the practice of allowing further infringements to be considered at the damages inquiry applies.

Parties
Claimant/respondent: AP Racing; Defendant/appellant: Alcon Components
Jurisdiction
England and Wales
Judgment Date
04 March 2016
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; Respondent’s Notice allowed.
Legal Topics
Patent Infringement, Abuse of Process, Case Management, Damages Inquiry
Intellectual Property Civil Procedure Patent Infringement Abuse of Process Case Management Damages Inquiry

Case Brief

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Parties

AP Racing

Claimant/respondent

Alcon Components

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether inclusion of additional alleged patent infringements in subsequent proceedings constitutes abuse of process
  2. 2 Whether the patentee is entitled to introduce further alleged infringements at the damages inquiry
  3. 3 Whether failure to identify all possible infringements at the first case management conference bars subsequent claims

Ratio Decidendi

The inclusion of the 7 Calipers in the 2015 Proceedings does not constitute abuse of process; AP Racing followed established practice, was not aware of the 7 Calipers at the relevant time, sought information from Alcon, and Alcon was neither oppressed nor harassed by their inclusion. The IPEC is not an exception to the general law, and the practice of allowing further infringements to be considered at the damages inquiry applies.

Court Disposition

Appeal dismissed; Respondent’s Notice allowed.

Orders

  • The appeal is dismissed.
  • The Respondent’s Notice is allowed.