Cook (UK) Limited v Boston Scientific Limited & Ors.

Cook (UK) Limited v Boston Scientific Limited & Ors.

The case is no longer suitable for the Shorter Trials Scheme due to increased complexity, multiple patents, and procedural requirements. It is transferred out, costs budgeting will apply going forward, limited disclosure from Boston on 'user feedback' is allowed subject to proportionality, fact evidence from individuals familiar with allegedly infringing products is permitted, and provision of product samples is refused. Further particularisation on validity is not required at this stage.

Parties
Claimant: Cook (UK) Limited; Defendant: Boston Scientific Limited; Defendant: Boston Scientific Medical Device Limited; Third Party: Boston Scientific Scimed Inc; Fourth Party: Cook Medical Europe Limited; Fifth Party: Cook Nederland B.V.; Sixth Party: Wilson-Cook Medical Inc; Seventh Party: Cook Ireland Limited
Jurisdiction
England and Wales
Judgment Date
08 July 2022
Procedural Posture
Patent Action / Case Management Conference
Outcome
Case transferred out of Shorter Trials Scheme; directions for trial amended.
Legal Topics
Patent Validity, Patent Infringement, Case Management, Disclosure, Costs Budgeting
Intellectual Property Civil Procedure Patent Validity Patent Infringement Case Management Disclosure Costs Budgeting

Case Brief

Summary, issues, holding and outcome

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Parties

Cook (UK) Limited

Claimant

Boston Scientific Limited

Defendant

Boston Scientific Medical Device Limited

Defendant

Boston Scientific Scimed Inc

Third Party

Cook Medical Europe Limited

Fourth Party

Cook Nederland B.V.

Fifth Party

Wilson-Cook Medical Inc

Sixth Party

Cook Ireland Limited

Seventh Party

Procedural Posture

Patent Action / Case Management Conference

Legal Issues

  1. 1 Suitability of Shorter Trials Scheme for complex patent litigation
  2. 2 Disclosure obligations regarding 'user feedback' in patent infringement
  3. 3 Costs budgeting and summary assessment

Ratio Decidendi

The case is no longer suitable for the Shorter Trials Scheme due to increased complexity, multiple patents, and procedural requirements. It is transferred out, costs budgeting will apply going forward, limited disclosure from Boston on 'user feedback' is allowed subject to proportionality, fact evidence from individuals familiar with allegedly infringing products is permitted, and provision of product samples is refused. Further particularisation on validity is not required at this stage.

Court Disposition

Case transferred out of Shorter Trials Scheme; directions for trial amended.

Orders

  • Costs budgeting to apply going forward.
  • Costs up to CMC to be summarily assessed.