British Technology Group Limited v. Boehringer Mannheim Corporation and Deputy Orthopaedics Inc [2000] EWHC Patents 148 (13th February, 2000)

British Technology Group Limited v. Boehringer Mannheim Corporation and Deputy Orthopaedics Inc [2000] EWHC Patents 148 (13th February, 2000)

There is a present controversy between the parties as to the scope and extent of BTG's liabilities under the licence agreement, justifying declaratory relief. The contract is governed by English law, including clause 3(4). England is the appropriate forum for the trial of these issues, and leave to serve out of the jurisdiction should not be set aside.

Citation
[2000] EWHC Patents 148
Parties
Plaintiff: British Technology Group Limited (BTG); First Defendant: Boehringer; Second Defendant: DePuy
Jurisdiction
England and Wales
Procedural Posture
Originating Summons / Application to Set Aside Leave to Serve Out of Jurisdiction and Application to Amend Summons
Outcome
Application to set aside leave to serve out of jurisdiction refused; application to amend summons to be heard.
Legal Topics
Declaratory Relief, Licence Agreements, Forum Non Conveniens, Choice of Law, Service Out of Jurisdiction
Contract Law Intellectual Property Law Private International Law Declaratory Relief Licence Agreements Forum Non Conveniens Choice of Law Service Out of Jurisdiction

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Parties

British Technology Group Limited (BTG)

Plaintiff

Boehringer

First Defendant

DePuy

Second Defendant

Procedural Posture

Originating Summons / Application to Set Aside Leave to Serve Out of Jurisdiction and Application to Amend Summons

Legal Issues

  1. 1 Whether the English court should grant declaratory relief regarding BTG's obligations under a licence agreement
  2. 2 Whether the proper law of the contract is English law for the relevant issues
  3. 3 Whether England is the appropriate forum for the dispute

Ratio Decidendi

There is a present controversy between the parties as to the scope and extent of BTG's liabilities under the licence agreement, justifying declaratory relief. The contract is governed by English law, including clause 3(4). England is the appropriate forum for the trial of these issues, and leave to serve out of the jurisdiction should not be set aside.

Court Disposition

Application to set aside leave to serve out of jurisdiction refused; application to amend summons to be heard.

Orders

  • Leave to serve the originating summons out of the jurisdiction is not set aside.
  • Plaintiff's application for leave to amend the summons to be heard.