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

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

There is a present controversy between the parties regarding BTG's obligations under the licence agreement, making declaratory relief appropriate. The contract is governed by English law, including the relevant clauses, and the English court is the appropriate forum for the dispute given the nature of the agreement and the potential for delay in the US proceedings. Leave to serve out of the jurisdiction should not be set aside.

Citation
[2000] EWHC Technology 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; leave to amend summons granted in part; declaration 4 to be addressed after hearing counsel.
Legal Topics
Declaratory Relief, Licence Agreements, Forum Non Conveniens, Choice of Law, Patent Licensing, Service Out of Jurisdiction
Contract Law Intellectual Property Law Private International Law Declaratory Relief Licence Agreements Forum Non Conveniens Choice of Law Patent Licensing +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 patent licence agreement
  2. 2 Whether the proper law of the contract is English law for the relevant obligations
  3. 3 Whether England is the appropriate forum for the dispute given parallel proceedings in Connecticut, USA

Ratio Decidendi

There is a present controversy between the parties regarding BTG's obligations under the licence agreement, making declaratory relief appropriate. The contract is governed by English law, including the relevant clauses, and the English court is the appropriate forum for the dispute given the nature of the agreement and the potential for delay in the US proceedings. 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; leave to amend summons granted in part; declaration 4 to be addressed after hearing counsel.

Orders

  • Leave to serve the summons out of the jurisdiction is not set aside.
  • Leave to amend the summons is granted in part.