Celem SA & Anor v Alcon Electronics Pvt Ltd.

Celem SA & Anor v Alcon Electronics Pvt Ltd.

The claimants have demonstrated a serious issue to be tried regarding Alcon's alleged importation and supply of infringing products and potential joint tortfeasorship with PPI. The English court is the appropriate forum as the claimants would otherwise have no redress or protection against future infringement in the...

Source-derived case information.

Parties
Claimant: CELEM SA; Claimant: Another (Israeli company); Defendant: Alcon Electronics PVT Limited
Jurisdiction
England and Wales
Judgment Date
19 October 2006
Procedural Posture
Intellectual Property Infringement (patent, Copyright, Design Rights) / Application to Discharge Order Granting Permission to Serve Claim Form Out of Jurisdiction (india)
Outcome
Application to discharge order refused; claim to proceed in England; leave to amend Particulars of Claim granted.
Legal Topics
Patent Infringement, Copyright Infringement, Unregistered Design Rights, Jurisdiction, Service Out of Jurisdiction, Joint Tortfeasorship
Intellectual Property Civil Procedure Patent Infringement Copyright Infringement Unregistered Design Rights Jurisdiction Service Out of Jurisdiction Joint Tortfeasorship

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Parties

CELEM SA

Claimant

Another (Israeli company)

Claimant

Alcon Electronics PVT Limited

Defendant

Procedural Posture

Intellectual Property Infringement (patent, Copyright, Design Rights) / Application to Discharge Order Granting Permission to Serve Claim Form Out of Jurisdiction (india)

Legal Issues

  1. 1 Whether there is a serious issue to be tried regarding alleged infringement of patent, copyright, and unregistered design rights by Alcon Electronics PVT Limited
  2. 2 Whether Alcon is jointly liable as a joint tortfeasor for acts committed by PPI in the UK
  3. 3 Whether the English court is the appropriate forum for the dispute

Ratio Decidendi

The claimants have demonstrated a serious issue to be tried regarding Alcon's alleged importation and supply of infringing products and potential joint tortfeasorship with PPI. The English court is the appropriate forum as the claimants would otherwise have no redress or protection against future infringement in the UK. Permission to serve out of jurisdiction is upheld and the claim may proceed.

Court Disposition

Application to discharge order refused; claim to proceed in England; leave to amend Particulars of Claim granted.

Orders

  • Claimants permitted to proceed with claim in England against Alcon Electronics PVT Limited.
  • Leave granted to amend Particulars of Claim.