Fresenius Kabi Deutschland GmbH & Ors v Carefusion 303, Inc [2011] EWHC 2663 (Ch) (12 October 2011)

Fresenius Kabi Deutschland GmbH & Ors v Carefusion 303, Inc [2011] EWHC 2663 (Ch) (12 October 2011)

CareFusion did not validly exercise its right to elect to consent to revocation under paragraph 6 of Norris J's order because no re-amended statements of case were served and its letters did not state consent as a result of the matter introduced by the re-amended statements. Fresenius was not compelled to serve the amendments. CareFusion is not debarred from adducing evidence unless it fails to serve written evidence by 4 p.m. on 14 October 2011.

Citation
[2011] EWHC 2663 (Ch)
Parties
Claimant/part 20 Defendant: Fresenius Kabi Deutschland GmbH; Claimant/part 20 Defendant: Fresenius Kabi AG; Claimant/part 20 Defendant: Fresenius Vial S.A.S.; Claimant/part 20 Defendant: Fresenius Kabi Limited; Defendant/part 20 Claimant: CareFusion 303, Inc.
Jurisdiction
England and Wales
Judgment Date
12 October 2011
Procedural Posture
Patent Revocation and Infringement / Interlocutory Application; Pre Trial Case Management
Outcome
Unless order made: CareFusion will be debarred from adducing evidence at trial unless it serves written evidence by 4 p.m. on 14 October 2011. Permission to appeal granted. Trial date not vacated. Interim costs order made.
Legal Topics
Patent Revocation, Patent Infringement, Case Management, Costs, Amendment of Pleadings
Intellectual Property Civil Procedure Patent Revocation Patent Infringement Case Management Costs Amendment of Pleadings

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Parties

Fresenius Kabi Deutschland GmbH

Claimant/part 20 Defendant

Fresenius Kabi AG

Claimant/part 20 Defendant

Fresenius Vial S.A.S.

Claimant/part 20 Defendant

Fresenius Kabi Limited

Claimant/part 20 Defendant

CareFusion 303, Inc.

Defendant/part 20 Claimant

Procedural Posture

Patent Revocation and Infringement / Interlocutory Application; Pre Trial Case Management

Legal Issues

  1. 1 Whether CareFusion validly exercised its right to elect to consent to revocation under Norris J's order
  2. 2 Whether Fresenius was compelled to serve re-amended statements of case
  3. 3 Whether CareFusion should be debarred from adducing evidence at trial

Ratio Decidendi

CareFusion did not validly exercise its right to elect to consent to revocation under paragraph 6 of Norris J's order because no re-amended statements of case were served and its letters did not state consent as a result of the matter introduced by the re-amended statements. Fresenius was not compelled to serve the amendments. CareFusion is not debarred from adducing evidence unless it fails to serve written evidence by 4 p.m. on 14 October 2011.

Court Disposition

Unless order made: CareFusion will be debarred from adducing evidence at trial unless it serves written evidence by 4 p.m. on 14 October 2011. Permission to appeal granted. Trial date not vacated. Interim costs order made.

Orders

  • CareFusion must serve written evidence by 4 p.m. on 14 October 2011 or be debarred from adducing evidence at trial.
  • Permission to appeal granted to CareFusion.