Cook UK Limited v Boston Scientific Limited & Anor.

Cook UK Limited v Boston Scientific Limited & Anor.

Cook has an arguable case for anti-suit injunction; interim relief is justified to preserve the effectiveness of the intended UK proceedings and prevent tactical interference by Boston in the Netherlands; alternative service on Boston Ireland is permitted to ensure timely notice and participation.

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
Patent Action / Ex Parte Application for Interim Anti Suit Injunction and Directions for Service
Outcome
Interim relief granted; anti-suit injunction hearing to be scheduled for next week.
Legal Topics
Patents, Anti Suit Injunctions, Service Out of Jurisdiction, Comity, Interim Relief
Intellectual Property Civil Procedure Patents Anti Suit Injunctions Service Out of Jurisdiction Comity Interim Relief

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Parties

Cook UK Limited

Intended Claimant

Boston Scientific Limited

Intended Defendant

Boston Scientific Medical Device Limited

Intended Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether interim anti-suit injunction should be granted to restrain proceedings in the Netherlands
  2. 2 Whether alternative service on Boston Ireland is permissible
  3. 3 Whether Cook has a sufficiently strong case for anti-suit injunction

Ratio Decidendi

Cook has an arguable case for anti-suit injunction; interim relief is justified to preserve the effectiveness of the intended UK proceedings and prevent tactical interference by Boston in the Netherlands; alternative service on Boston Ireland is permitted to ensure timely notice and participation.

Court Disposition

Interim relief granted; anti-suit injunction hearing to be scheduled for next week.

Orders

  • Boston companies 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 action or anti-suit application.
  • Alternative service on Boston Ireland permitted via Marks & Clerk.