Magnesium Elektron Ltd v Molycorp Chemicals & Oxides (Europe) Ltd & Anor [2015] EWHC 3596 (Pat) (15 December 2015)

Magnesium Elektron Ltd v Molycorp Chemicals & Oxides (Europe) Ltd & Anor [2015] EWHC 3596 (Pat) (15 December 2015)

There is a serious issue to be tried that the second defendant's product is obtained directly by the patented process and imported into the UK, and a good arguable case that the foreign defendant is jointly liable as a tortfeasor with the UK defendant. The jurisdictional gateways for service out of the jurisdiction are satisfied for joint tortfeasance and damage within the jurisdiction. England and Wales is the proper forum for the claim.

Citation
[2015] EWHC 3596 (Pat)
Parties
Claimant: Magnesium Elektron Limited; First Defendant: Molycorp Chemicals & Oxides (Europe) Limited; Second Defendant: Zibo Jia Hua Advanced Material Resources Co., Ltd
Jurisdiction
England and Wales
Judgment Date
15 December 2015
Procedural Posture
Patent Infringement Application / Application for Permission to Serve Out of Jurisdiction
Outcome
Permission granted to serve claim on second defendant in China.
Legal Topics
Patent Infringement, Jurisdiction, Service Out of Jurisdiction, Joint Tortfeasance, Burden of Proof in Process Patents
Intellectual Property Patents Patent Infringement Jurisdiction Service Out of Jurisdiction Joint Tortfeasance Burden of Proof in Process Patents

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Parties

Magnesium Elektron Limited

Claimant

Molycorp Chemicals & Oxides (Europe) Limited

First Defendant

Zibo Jia Hua Advanced Material Resources Co., Ltd

Second Defendant

Procedural Posture

Patent Infringement Application / Application for Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether there is a serious issue to be tried regarding infringement of UK patent by foreign defendant
  2. 2 Whether there is a good arguable case for jurisdiction over the foreign defendant under CPR and PD 6B gateways
  3. 3 Whether England and Wales is the proper forum for the claim

Ratio Decidendi

There is a serious issue to be tried that the second defendant's product is obtained directly by the patented process and imported into the UK, and a good arguable case that the foreign defendant is jointly liable as a tortfeasor with the UK defendant. The jurisdictional gateways for service out of the jurisdiction are satisfied for joint tortfeasance and damage within the jurisdiction. England and Wales is the proper forum for the claim.

Court Disposition

Permission granted to serve claim on second defendant in China.

Orders

  • Permission to serve proceedings for patent infringement on Zibo Jia Hua Advanced Material Resources Co., Ltd in China.