Cook UK Ltd v Boston Scientific Ltd & Anor [2022] EWHC 504 (Pat) (08 March 2022)

Cook UK Ltd v Boston Scientific Ltd & Anor [2022] EWHC 504 (Pat) (08 March 2022)

It is at least arguable that an anti-suit injunction may be appropriate, but great caution and consideration of comity are required. Interim relief is justified to preserve the status quo and ensure Cook's application can be heard effectively. Boston Ireland is a proper party for service out under CPR gateway (3) due to its involvement in the Dutch proceedings. Alternative service on Boston Ireland is permitted to ensure effective notice and participation.

Citation
[2022] EWHC 504 (Pat)
Parties
Intended Claimant: Cook UK Limited; Intended Defendant: Boston Scientific Limited; Intended Defendant: Boston Scientific Medical Device Limited
Jurisdiction
England and Wales
Judgment Date
08 March 2022
Procedural Posture
Ex Parte Application in Intended Patent Action / Interim Application for Anti Suit Injunction and Directions for Service
Outcome
Interim relief granted; directions for service given.
Legal Topics
Patents, Anti Suit Injunctions, Service Out of Jurisdiction, Substituted Service, Comity, Forum Non Conveniens
Intellectual Property Civil Procedure Patents Anti Suit Injunctions Service Out of Jurisdiction Substituted Service Comity Forum Non Conveniens

Case Brief

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Parties

Cook UK Limited

Intended Claimant

Boston Scientific Limited

Intended Defendant

Boston Scientific Medical Device Limited

Intended Defendant

Procedural Posture

Ex Parte Application in Intended Patent Action / Interim Application for Anti Suit Injunction and Directions for Service

Legal Issues

  1. 1 Whether interim anti-suit injunction should be granted to restrain foreign proceedings
  2. 2 Whether alternative or substituted service on Boston Ireland should be permitted
  3. 3 Whether Boston Ireland is a proper party for service out under CPR gateway (3)

Ratio Decidendi

It is at least arguable that an anti-suit injunction may be appropriate, but great caution and consideration of comity are required. Interim relief is justified to preserve the status quo and ensure Cook's application can be heard effectively. Boston Ireland is a proper party for service out under CPR gateway (3) due to its involvement in the Dutch proceedings. Alternative service on Boston Ireland is permitted to ensure effective notice and participation.

Court Disposition

Interim relief granted; directions for service given.

Orders

  • Boston parties must give Cook at least 72 hours' notice of any application to any court in the Netherlands to restrain or interfere with Cook's intended UK proceedings or anti-suit application.
  • Alternative service on Boston Ireland permitted via Marks & Clerk.