AP Racing Ltd v Alcon Components Ltd

AP Racing Ltd v Alcon Components Ltd

AP Racing would have been entitled to determination of infringement regarding the 7 Calipers at the inquiry in the First Action; since the Second Action could be resolved quickly and without evidence, and does not constitute unjust harassment or oppression of Alcon, it is not an abuse of process.

Source-derived case information.

Parties
Claimant: AP Racing Limited; Defendant: Alcon Components Limited
Jurisdiction
England and Wales
Judgment Date
15 May 2015
Procedural Posture
Patent Infringement / Application to Strike Out Claim
Outcome
Application dismissed
Legal Topics
Patent Infringement, Abuse of Process, Henderson V Henderson Rule, Case Management, Disclosure
Intellectual Property Civil Procedure Patent Infringement Abuse of Process Henderson V Henderson Rule Case Management Disclosure

Source-derived case record

Summary, issues, holding and outcome

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Parties

AP Racing Limited

Claimant

Alcon Components Limited

Defendant

Procedural Posture

Patent Infringement / Application to Strike Out Claim

Legal Issues

  1. 1 Whether the Second Action by AP Racing constitutes an abuse of process under the Henderson v Henderson rule
  2. 2 Whether AP Racing could and should have raised allegations regarding the 7 Calipers in the First Action
  3. 3 Whether patent practice allows further alleged infringements to be raised at inquiry or account

Ratio Decidendi

AP Racing would have been entitled to determination of infringement regarding the 7 Calipers at the inquiry in the First Action; since the Second Action could be resolved quickly and without evidence, and does not constitute unjust harassment or oppression of Alcon, it is not an abuse of process.

Court Disposition

Application dismissed

Orders

  • Alcon's application to strike out the Second Action in relation to the 7 Calipers is dismissed.
  • Judge will hear parties on the best procedural way forward.