Mexichem UK Ltd v Honeywell International Inc [2020] EWCA Civ 473 (01 April 2020)

Mexichem UK Ltd v Honeywell International Inc [2020] EWCA Civ 473 (01 April 2020)

The Court held that the judge was correct to refuse to strike out or grant summary judgment on the claim for broad Arrow declarations. The declarations sought by Mexichem were sufficiently clear and could serve a useful purpose given Honeywell's broad patent claims and litigation strategy. There is no threshold requirement for specificity in Arrow declarations, and the utility of such declarations is a matter for trial. The appeal was dismissed.

Citation
[2020] EWCA Civ 473
Parties
Claimant/respondent: Mexichem UK Limited; Defendant/appellant: Honeywell International Inc.
Jurisdiction
England and Wales
Judgment Date
01 April 2020
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Patent Revocation, Declaratory Relief, Arrow Declarations, Obviousness, Inventive Step
Intellectual Property Patent Law Patent Revocation Declaratory Relief Arrow Declarations Obviousness Inventive Step

Case Brief

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Parties

Mexichem UK Limited

Claimant/respondent

Honeywell International Inc.

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the judge was correct to refuse to strike out a claim for additional declaratory relief in a patent revocation action
  2. 2 Whether Arrow declarations can be granted in broad terms not limited to specific products or processes
  3. 3 Utility and clarity of broad Arrow declarations

Ratio Decidendi

The Court held that the judge was correct to refuse to strike out or grant summary judgment on the claim for broad Arrow declarations. The declarations sought by Mexichem were sufficiently clear and could serve a useful purpose given Honeywell's broad patent claims and litigation strategy. There is no threshold requirement for specificity in Arrow declarations, and the utility of such declarations is a matter for trial. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Refusal to strike out or grant summary judgment on claim for declaratory relief upheld