LISA DRÄXLMAIER GMBH v BOS GMBH & CO. KG

LISA DRÄXLMAIER GMBH v BOS GMBH & CO. KG

The Claimant failed to demonstrate any good reason, let alone urgency, to justify expedition. There is no injunction gap, no validity issue, and the only purpose is to influence the German court, which is insufficient. The application to expedite is refused.

Parties
Claimant: Lisa Dräxlmaier GmbH; Defendant: BOS GmbH & Co. KG
Jurisdiction
England and Wales
Judgment Date
27 June 2022
Procedural Posture
Civil (patents) / Ruling on Application to Expedite Hearing
Outcome
Application to expedite hearing refused
Legal Topics
Expedition of Trial, Declaration of Non Infringement, Cross Jurisdictional Patent Litigation
Intellectual Property Patents Expedition of Trial Declaration of Non Infringement Cross Jurisdictional Patent Litigation

Case Brief

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Parties

Lisa Dräxlmaier GmbH

Claimant

BOS GmbH & Co. KG

Defendant

Procedural Posture

Civil (patents) / Ruling on Application to Expedite Hearing

Legal Issues

  1. 1 Whether there is good reason to expedite the hearing of the application and trial in a UK patent action seeking a declaration of non-infringement, in the context of parallel German proceedings and no validity challenge

Ratio Decidendi

The Claimant failed to demonstrate any good reason, let alone urgency, to justify expedition. There is no injunction gap, no validity issue, and the only purpose is to influence the German court, which is insufficient. The application to expedite is refused.

Court Disposition

Application to expedite hearing refused

Orders

  • Claimant's application to expedite the combined hearing is dismissed