Philip Morris Products, SA & Anor v Nicoventures Trading Ltd & Anor [2022] EWHC 1284 (Pat) (27 May 2022)

Philip Morris Products, SA & Anor v Nicoventures Trading Ltd & Anor [2022] EWHC 1284 (Pat) (27 May 2022)

Permission to amend to include Arrow-type relief was granted as the application was timely and the claim had arguable utility; the application to stay the 002 Action was refused because refusing the stay would bring commercial certainty for BAT at an earlier date than EPO proceedings, and the balance of justice favored early resolution in the UK, especially given the global context and the potential exportable value of a UK judgment.

Citation
[2022] EWHC 1284 (Pat)
Parties
Claimant (029 Action), Defendant (002 Action): Philip Morris Products, SA; Claimant (029 Action): Philip Morris Limited; Defendant (029 Action), Claimant (002 Action): Nicoventures Trading Limited; Defendant (029 Action): British American Tobacco (Investments) Limited
Jurisdiction
England and Wales
Judgment Date
27 May 2022
Procedural Posture
Patent Litigation (revocation, Infringement, Declaratory Relief, Stay Applications) / Interlocutory Applications: Permission to Amend, Application for Stay, Case Management
Outcome
PMI's application to amend to include Arrow-type relief in the 029 Action granted; PMI's application to stay the 002 Action refused; costs assessed with no payment required either way.
Legal Topics
Patent Revocation, Patent Infringement, Arrow Declarations, Stay of Proceedings, Case Management, Costs
Intellectual Property Patents Patent Revocation Patent Infringement Arrow Declarations Stay of Proceedings Case Management Costs

Case Brief

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Parties

Philip Morris Products, SA

Claimant (029 Action), Defendant (002 Action)

Philip Morris Limited

Claimant (029 Action)

Nicoventures Trading Limited

Defendant (029 Action), Claimant (002 Action)

British American Tobacco (Investments) Limited

Defendant (029 Action)

Procedural Posture

Patent Litigation (revocation, Infringement, Declaratory Relief, Stay Applications) / Interlocutory Applications: Permission to Amend, Application for Stay, Case Management

Legal Issues

  1. 1 Whether PMI should be granted permission to amend to include Arrow-type declaratory relief in the 029 Action
  2. 2 Whether the 002 Action should be stayed pending EPO opposition proceedings
  3. 3 Case management directions and costs

Ratio Decidendi

Permission to amend to include Arrow-type relief was granted as the application was timely and the claim had arguable utility; the application to stay the 002 Action was refused because refusing the stay would bring commercial certainty for BAT at an earlier date than EPO proceedings, and the balance of justice favored early resolution in the UK, especially given the global context and the potential exportable value of a UK judgment.

Court Disposition

PMI's application to amend to include Arrow-type relief in the 029 Action granted; PMI's application to stay the 002 Action refused; costs assessed with no payment required either way.

Orders

  • Permission granted to PMI to amend statements of case to include Arrow-type declaratory relief in the 029 Action.
  • PMI's application to stay the 002 Action dismissed.